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STATE EX REL. REYNOLDS v. MEARS

No. 9682.

525 P.2d 870 (1974)

86 N.M. 510

STATE of New Mexico ex rel. S. E. REYNOLDS, State Engineer, Plaintiff-Appellant and Cross-Appellee, v. T.E. MEARS, Jr., Ruby Mears, T.E. Mears III, and Carol M. Stephens, formerly Carol W. Mears, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

August 23, 1974.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Paul L. Bloom, Richard A. Simms, Special Asst. Attys. Gen., Santa Fe, for appellant.

Lynell G. Skarda, Clovis, for appellees.

OPINION

MONTOYA, Justice.

The State of New Mexico, ex rel. S.E. Reynolds, State Engineer, brought suit against defendants T.E. Mears, Jr., his wife, son and daughter, setting forth two causes of action. For the sake of clarity, the parties will be referred to by their appearance in the district court.

Under count I, plaintiff sought to obtain a declaratory judgment declaring that defendants had no right to use irrigation water from the Portales Underground...

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