State ex rel. Reynolds v. Miranda
New Mexico Supreme Court
83 N.M. 445, 493 P.2d 409 (1972)
- Written by Penny Ellison, JD
Facts
Lorenzo Miranda (defendant) owned a property that was traversed by a water course called the Abo Wash. In certain rainy seasons, water flowed intermittently through the wash. Previous landowners allowed their cattle to graze in the grass that grew in the wash, and then they cut and stored the grass in the fall to feed the herds in the winter. Sometime after World War I, a natural arroyo formed, and water flowing through the wash was diverted into the arroyo. From that time forward, the wash area diminished as a source of food for livestock. Miranda filed a declaration of ownership of water rights, seeking to drill two wells for irrigation purposes. Miranda based his claim on the beneficial use of the grass grown near the wash, arguing that this use by previous owners was sufficient appropriation of the water to confer water rights upon him. The trial court ruled that Miranda had no water rights arising from his predecessors’ use. Miranda appealed.
Rule of Law
Issue
Holding and Reasoning (Montoya, J.)
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