MOONGATE WATER CO. v. City of Las Cruces

OPINION

FRY, Chief Judge.

{1} The opinion filed in this case on June 19, 2009, is hereby withdrawn, and the following opinion is filed in its place. The motion for rehearing is denied.

{2} This case arises from a dispute between the City of Las Cruces and Moongate Water Company over the right to supply water in a disputed area within the City’s territorial limits. The district court granted summary judgment in favor of Moongate on Moongate’s theory that it is a third-party beneficiary of a settlement agreement entered into by the City and Doña Ana Mutual Domestic Water Consumers Association…