[DOWNLOAD] "State v. Kerr-Mcgee Corp." by New Mexico Court of Appeals " Book PDF Kindle ePub Free

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eBook details

• Title: State v. Kerr-Mcgee Corp.
• Author : New Mexico Court of Appeals
• Release Date : January 10, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The Pueblos of Laguna and Acoma (""the Pueblos"") are parties to an ongoing adjudication of water rights initiated by the New Mexico State Engineer against all claimants to the Rio San Jose stream system in Cibola County, New Mexico. On the State Engineer's motion, the district court granted partial summary judgment against the Pueblos based on theories of issue and claim preclusion. These theories, in turn, derive from prior settlements between the Pueblos and the United States government involving land and water litigation initiated over forty years ago before the federal Indian Claims Commission (""ICC""). The essence of the State Engineer's argument is that the Pueblos are bound by the ICC proceedings. As a general proposition, we agree. Our challenge is ascertaining what did, in fact, occur long ago and what was actually and necessarily resolved. We hold that the ICC proceedings did not extinguish the water rights the Pueblos now claim and therefore reverse the summary judgment to that extent. However, we affirm the district court's ruling that there are no "" Winters doctrine water rights"" appurtenant to the lands given the Pueblos by the Spanish or Mexican governments (""grant lands""). Accordingly, we affirm in part, reverse in part, and remand for further proceedings. FACTS

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