Mathers v. Texaco, Inc.

77 N.M. 239, 421 P.2d 771 (1966)

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Mathers v. Texaco, Inc.

New Mexico Supreme Court
77 N.M. 239, 421 P.2d 771 (1966)

Facts

Texaco, Inc. (defendant) applied to New Mexico’s state engineer (defendant) to appropriate 700 acre-feet of water annually from the Lea County Underground Water Basin. The basin essentially had a net zero recharge, with the little water coming in from rainfall being offset by natural loss. Notwithstanding, New Mexico allowed groundwater mining from the basin—the withdrawal of groundwater in excess of the net recharge. The state engineer devised a plan to manage groundwater withdrawal for a set period (40 years) before the basin would be limited to some domestic uses but not agriculture. Under the plan, a certain amount of appropriation would be allowed annually. In response to Texaco’s application, the state engineer determined that 350 acre-feet per year of unappropriated groundwater was available and granted Texaco the right to appropriate that amount. W. E. Mathers and other water-right holders (plaintiffs) in the basin’s groundwater protested the decision to the New Mexico district court. The district court determined that any additional withdrawal of groundwater from the basin would negatively affect the existing water-rights holders because it would reduce the water table at a rate faster than the status quo. Therefore, the court reversed the state engineer’s decision. Texaco and the state engineer appealed to the New Mexico Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Oman, J.)

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