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ELEPHANT BUTTE IRR. v. REGENTS OF N.M.

Nos. 13364, 13371 and 13450.

849 P.2d 372 (1993)

115 N.M. 229

ELEPHANT BUTTE IRRIGATION DISTRICT, Plaintiff-Appellee, v. The REGENTS OF NEW MEXICO STATE UNIVERSITY, Intervenors-Defendants-Appellants, v. UNITED STATES of America, Defendant-Appellant, v. Eluid L. MARTINEZ, New Mexico State Engineer, The City of El Paso, and All Claimants, Known and Unknown, to Water of the Rio Grande Stream System Between Elephant Butte Reservoir and the Texas State Line, defendants. ELEPHANT BUTTE IRRIGATION DISTRICT, Plaintiff-Appellant, v. Eluid L. MARTINEZ, New Mexico State Engineer, Defendant-Appellee, v. UNITED STATES of America, et al., Defendants.

Court of Appeals of New Mexico.

Certiorari Denied March 17, 1993.

Attorney(s) appearing for the Case

Beverly J. Singleman, Hubert & Hernandez, P.A., Las Cruces, for plaintiff-appellee and plaintiff-appellant Elephant Butte Irr. Dist.

Luis G. Stelzner, Charles T. DuMars, Judith D. Schrandt, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, for defendants-appellants Regents of NM State University.

Don J. Svet, U.S. Atty., Herbert A. Becker, Asst. U.S. Atty., Albuquerque, for defendant-appellant U.S.

Tom Udall, Atty. Gen., Eric Richard Biggs, Martha Clark Franks, Sp. Asst. Attys. Gen., Santa Fe, for defendant-appellee Eluid L. Martinez, NM State Engineer, and amicus curiae for State of NM ex rel. State Engineer.

OPINION

FLORES, Judge.

The opinion filed December 14, 1992, is withdrawn and the following is substituted therefor.

These three appeals arise out of an attempted water rights adjudication of the Rio Grande between Elephant Butte Dam and the New Mexico/Texas state line. The suit was initiated by Elephant Butte Irrigation District (EBID), who named as defendants the state engineer, the United States, the City of El Paso, and all known and unknown claimants...

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