Waterfall Community Water Users Ass'n v. New Mexico State Engineer

OPINION

VANZI, Judge.

{1} Appellant, Waterfall Community Water Users Association (Waterfall), submitted an application for 320 acre-feet per year of surface water from Culberson Spring 1 within the Pecos River stream system. Appellant argued that it possessed a natural right, pursuant to NMSA 1978, Section 72-5-29 (1953), to those waters. The State of New Mexico Office of the State Engineer (State Engineer) dismissed the application. Waterfall appealed to the district court. The district court, upon its de novo review of the State Engineer’s decision to dismiss, granted summary judgment against…