State ex rel. Bliss v. Dority
New Mexico Supreme Court
225 P.2d 1007, 55 N.M. 12 (1950)
- Written by Curtis Parvin, JD
Facts
Bert Dority, Loman Wiley, and S.A. Lanning (collectively, Dority) (defendants) owned land in the Roswell Artesian Basin area. Dority claimed the right to pump water from the basin, an aquifer underlying their land, and did so to irrigate the land despite warnings from the state engineer, John Bliss (plaintiff). Bliss filed an action to enjoin Dority’s groundwater pumping, asserting that under New Mexico law, the groundwater was public property subject to appropriation only by application and permit. Consistent with the statute, the state sold groundwater to various applicants. Dority refused to apply for the water, arguing that he had the unfettered right to pump groundwater under Dority’s land and that the New Mexico statute deeming the groundwater to be public property was an unconstitutional taking of Dority’s right to the water. The trial court granted Bliss’s request for injunctive relief, enjoining Dority from further pumping. Dority appealed to the New Mexico Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Brice, C.J.)
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