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UNITED STATES v. NEW MEXICO

No. 77-510.

438 U.S. 696 (1978)

98 S.Ct. 3012

57 L.Ed.2d 1052

UNITED STATES v. NEW MEXICO.

Supreme Court of United States.

Decided July 3, 1978.

Attorney(s) appearing for the Case

Assistant Attorney General Moorman argued the cause for the United States. With him on the briefs were Solicitor General McCree, Deputy Solicitor General Barnett, Peter R. Steenland, and Dirk D. Snel.

Richard A. Simms, Special Assistant Attorney General of New Mexico, argued the cause for respondent. With him on the brief were Toney Anaya, Attorney General, Peter Thomas White, and Don Klein, Special Assistant Attorneys General.

John Undem Carlson argued the cause for the Twin Lakes Reservoir and Canal Co. et al. as amici curiae urging affirmance. With him on the brief were Alan E. Boles, Jr., Charles M. Elliott, and Charles J. Beise.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

The Rio Mimbres rises in the southwestern highlands of New Mexico and flows generally southward, finally disappearing in a desert sink just north of the Mexican border. The river originates in the upper reaches of the Gila National Forest, but during its course it winds more than 50 miles past privately owned lands and provides substantial water for both irrigation and mining. In 1970, a stream adjudication...

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