State ex rel. Reynolds v. South Springs Co.
New Mexico Supreme Court
452 P.2d 478 (1969)
- Written by Rose VanHofwegen, JD
Facts
The South Springs Company and others (SSC) (defendants) had water rights for irrigation in the South Springs River decreed in 1933. However, the springs that fed the river dropped, the river dried up, and irrigation of the land entitled to the water stopped. Water users across the basin knew the state water engineer would not allow anyone with surface-water rights to drill wells and use underground water. That remained the situation until 1958, when the New Mexico Supreme Court ruled that surface appropriators could drill wells to tap the sources of their water, provided they used otherwise-unappropriated water and did not impair other rights. SSC did not dig wells and resume irrigating. Ditches and canals that carried water from the river had not been maintained, and some had roads or houses built on them. SSC took no action to claim or use its rights until 1965. New Mexico brought an action on behalf of state water engineer S.E. Reynolds (plaintiff) to declare SSC had lost its rights by abandonment, forfeiture, or nonuse. The trial court ruled that SSC had abandoned or forfeited its rights. SSC appealed.
Rule of Law
Issue
Holding and Reasoning (Tackett, J.)
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