Herrington v. State of New Mexico ex rel. Office of the State Engineer

139 N.M. 368, 133 P.3d 258 (2006)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Herrington v. State of New Mexico ex rel. Office of the State Engineer

New Mexico Supreme Court
139 N.M. 368, 133 P.3d 258 (2006)

Facts

Ellis and Laverne Herrington (plaintiffs) had a long-standing surface-water right in the Rio de Arenas Valley. However, groundwater wells established by junior water-rights holders in an aquifer that fed the basin surface waters diminished the Herringtons’ ability to draw their allocated water. Therefore, the Herringtons applied to the state engineer, John D’Antonio (defendant), to drill a well to supplement their surface-water right with groundwater. D’Antonio denied the application because the Herringtons would be appropriating water from a deeper aquifer that did not feed the surface waters they used. Their appropriation would also impair others’ water rights. The Herringtons appealed to the New Mexico district court, arguing that the underlying aquifers were not separate and ultimately fed the surface water flow. The district court agreed that the groundwater wells had impeded the Herringtons’ water right but held that because the Herringtons’ proposed well would reach an aquifer that did not feed the affected surface-water flow, they were not entitled to the supplemental well. The court of appeals affirmed the district court’s ruling. The Herringtons appealed to the New Mexico Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Bosson, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership