Legal Opinion
Hanson v. Turney
New Mexico Court of Appeals
Decided April 1, 2004No. 22,851PublishedCited by 27 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, J.
{1} NMSA 1978, § 72-12-7(A) (1985) allows the owner of a “water right” to change the use of the water. Plaintiff Mabel Hanson had two permits to appropriate water but never put the water to beneficial use. When she filed applications to change the use from irrigation to subdivision use, the State Engineer denied her requests, reasoning that her failure to put the water to beneficial use meant that there was no “water right” to be changed. Plaintiff argues that a permit to appropriate water constitutes a “water right” that can be changed even if there has been no…
2Cases cited25 opinions
- Matter of Adoption of DoeNew Mexico Supreme Court · 1984
- Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- Gallegos v. Pueblo of TesuqueNew Mexico Supreme Court · 2002
- State v. Jonathan M.New Mexico Supreme Court · 1990
20 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- New Mexico Ex Rel. State Engineer v. TrujilloCourt of Appeals for the Tenth Circuit · 2016
- Walker v. United StatesUnited States Court of Federal Claims · 2008
- Val Kilmer v. GoodwinNew Mexico Court of Appeals · 2004
- Arnold v. Farmers Ins. Co. of ArizonaDistrict Court, D. New Mexico · 2011
- Eldorado Utilities, Inc. v. State Ex Rel. D'AntonioNew Mexico Court of Appeals · 2005
22 more not listed; retrieve them via the Exa API.