This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Plaintiff sought to appropriate water from the Rio Grande. The Defendant, the New Mexico State Engineer, determined that the Rio Grande was fully appropriated, meaning no additional water rights could be granted. The Plaintiff challenged this determination, arguing that the water was not fully appropriated and raised issues regarding the lawfulness of existing appropriations.
Procedural History
- District Court of Sandoval County: The district court affirmed the New Mexico State Engineer's decision, concluding that the Rio Grande was fully appropriated and rejecting the Plaintiff's claims.
Parties' Submissions
- Plaintiff-Appellant: Argued that the district court applied the wrong standard of review and that it failed to consider material issues of fact regarding whether the Rio Grande was fully appropriated. The Plaintiff also relied on the precedent set in In re Application of Carlsbad Irrigation Dist., asserting that the district court could consider broader issues raised by the water rights application.
- Defendant-Appellee: Maintained that the district court applied the correct de novo standard of review, limited to the issues before the State Engineer, and that the Plaintiff failed to present material facts disputing the determination that the Rio Grande was fully appropriated.
Legal Issues
- Did the district court apply the correct standard of review in evaluating the State Engineer's decision?
- Were there material issues of fact regarding whether the Rio Grande was fully appropriated?
Disposition
- The Court of Appeals affirmed the district court's decision, upholding the determination that the Rio Grande was fully appropriated.
Reasons
Per Bustamante J. (Fry CJ. and Garcia J. concurring):
The Court held that the district court applied the correct de novo standard of review, as clarified by the New Mexico Supreme Court in Lion’s Gate Water v. John D’Antonio, 2009-NMSC-057. This standard limits the review to the issues presented before the State Engineer, specifically whether the Rio Grande was fully appropriated. The Court rejected the Plaintiff's reliance on In re Application of Carlsbad Irrigation Dist., clarifying that the precedent does not allow the district court to consider issues beyond those raised in the water rights application.
The Court further found that the Plaintiff failed to present material issues of fact regarding the full appropriation of the Rio Grande. The Plaintiff's arguments focused on the lawfulness of existing appropriations rather than the central issue of whether the river's water was fully allocated. The district court properly reviewed the summary judgment motion and concluded that no genuine issues of material fact existed.