STATE v. W. S. RANCH COMPANY

No. 6726.

364 P.2d 1036 (1961)

69 N.M. 169

STATE of New Mexico ex rel. S. E. REYNOLDS, State Engineer, Plaintiff-Appellant, v. W. S. RANCH COMPANY, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied October 11, 1961.


Attorney(s) appearing for the Case

Hilton A. Dickson, Jr., Atty. Gen., Thomas O. Olson, First Asst. Atty. Gen., Claud S. Mann, Dudley Cornell, Special Asst. Attys. Gen., for appellant.

Robertson & Skinner, Raton, Seth, Montgomery, Federici & Andrews, Santa Fe, for appellee.


NOBLE, Justice.

The trial court dismissed an action by the state engineer seeking to enjoin appellee from the diversion or use of water of the Costilla Creek in Taos County, for irrigation and filling ponds and lakes above Costilla Reservoir, because of lack of indispensable parties and appellant appealed from the order of dismissal.

Appellant, the state engineer, alleged that appellee has been using water from Costilla Creek above Costilla Reservoir to fill...

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