State ex rel. Martinez v. Parker Townsend Ranch Co.

OPINION

MINZNER, Judge.

On the state’s motion for rehearing, the prior opinion filed September 14, 1992 is withdrawn and the following is substituted therefor.

The state appeals from the district court’s order granting defendant water rights holders’ motion for summary judgment and denying the state’s similar motion. On appeal, the state contends that the district court erred in granting defendants’ motion for summary judgment, because the basis for the court’s decision was a subfile order in defendants’ favor, which should have been viewed as modifiable. We affirm on the ground that defendants…