State Ex Rel. Martinez v. Lewis

OPINION

BLACK, Judge.

The previous opinion of the Court, filed on May 17,1994, is withdrawn, and the following is substituted.

Appellants, members of the Corn family, claim groundwater rights relating back to claimed 1894 surface water rights for Arroyo del Macho and 1902 surface water rights for Salt Creek. The trial court ruled that Appellants failed to prove the applicability of the relation back doctrine. On appeal, Appellants argue that there was not substantial evidence to support the trial court’s findings of fact that: (1) Arroyo del Macho and Salt Creek are ephemeral streams without…