Chaleunphonh v. Parks & Recreation Division

DISSENT

BUSTAMANTE, Judge.

18. I respectfully dissent. As the briefs describe the lease arrangement between the United States and the State of New Mexico, the federal government has retained responsibility for management and maintenance of all the physical facilities within the Elephant Butte Reservoir area which could constitute “works” as the term is used in the Tort Claims Act. Plaintiffs assert, and the Defendants do not disagree, that State employees are not engaged in operation or maintenance of the “works.” State employees are exclusively employed to operate and maintain the facilities…