(DOWNLOAD) "City Of Raton V. Vermejo Conservancy District" by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: City Of Raton V. Vermejo Conservancy District
- Author : New Mexico Supreme Court
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In 1935 the Colfax County District Court issued a decree adjudicating water rights in the Chico Rico, or Sugarite, stream system of Northern Colfax County. In 1980 the City of Raton (Raton) filed a declaratory judgment action against Vermejo Conservance District (District) seeking a determination of the rights of those parties under the 1935 decree. The District counterclaimed, basing its claims on Raton's alleged improper withholding of water in excess of its senior rights. Trial was held in two parts -- on August 20, 1981, the court decided Raton's claimed equitable defenses to the District's call for release of water (Phase I), and on July 20, 1982, it determined the damages and injunction issues raised by the District's counterclaim (Phase II). The trial court, in its final declaratory judgment entered December 9, 1982, ordered Raton to release water to the District upon demand in accordance with the senior rights of the District established in the 1935 decree, so long as the water could be put to beneficial use by the District. The trial court, as the measure of damage, also ordered Raton to make a one-time release to the District of 1,211 acre-feet of water wrongfully withheld in 1980.
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