AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Petitioners, Diamond K Bar Ranch, LLC, and trustees of the Raymond L. and Patsy Sue Kysar, Jr. Living Trust, were accused by the State Engineer of New Mexico of illegally using water from the Animas River, diverted in Colorado and transported into New Mexico via the Ralston Ditch, to irrigate additional acreage not covered by an adjudicated water right or permit. The Animas River, part of the Colorado River system, flows from Colorado into New Mexico and is a crucial water source for the region. The Echo Ditch Decree previously adjudicated water rights for the San Juan River and its tributaries, including rights for irrigation from the Ralston Ditch (paras 3-5).

Procedural History

• Eleventh Judicial District Court: Denied Petitioners' motion to dismiss, holding that the State Engineer has jurisdiction to enforce Petitioners' adjudicated water right on the Ralston Ditch despite its diversion point in Colorado (para 10).
• Court of Appeals: Granted Petitioners’ unopposed application for an interlocutory appeal but later quashed the appeal (para 11).
• Supreme Court of the State of New Mexico: Granted Petitioners’ unopposed petition for writ of certiorari to clarify the State Engineer’s statutory authority over the use of Animas River surface waters diverted into New Mexico (para 11).

Parties' Submissions

• Petitioners: Argued that the State Engineer lacks authority to regulate the use of surface water from the Animas River for irrigation purposes when that water is diverted in Colorado and transported into New Mexico by the Ralston Ditch. They contended that the water becomes private at the point of diversion in Colorado and thus not subject to New Mexico's jurisdiction. They also claimed that the Ralston Ditch, as a community ditch constructed in the 1880s, is exempt from permit requirements (paras 7-9).
• State Engineer (Respondent): Sought to enjoin Petitioners’ illegal use of Animas River surface water to irrigate additional acreage not covered by the Echo Ditch Decree or a permit, asserting jurisdiction and authority to require a permit for new, expanded, or modified use of this water (para 6).

Legal Issues

• Whether the State Engineer has statutory authority to regulate the use of Animas River surface waters diverted into New Mexico from Colorado for irrigation purposes on lands not covered by an adjudicated water right or permit.
• Whether Petitioners’ use of water from the Ralston Ditch, a community ditch constructed in the 1880s, is exempt from the requirement to obtain a permit for new, expanded, or modified use of the water (paras 17, 25).

Disposition

• The Supreme Court of the State of New Mexico affirmed the district court’s denial of Petitioners’ motion to dismiss and remanded the case for trial on the pending claims (para 28).

Reasons

• Per Chief Justice Charles W. Daniels (with Justices Petra Jimenez Maes, Edward L. Chávez, Barbara J. Vigil, and Judith K. Nakamura concurring):
  The Court held that the State Engineer has statutory authority to regulate the use of surface waters in New Mexico, regardless of their diversion location, including waters diverted from the Animas River in Colorado into New Mexico via the Ralston Ditch. The Court found Petitioners’ interpretation of prior case law and their argument that the water becomes private upon diversion in Colorado to be erroneous (paras 17-24).
  The Court also determined that Petitioners are not exempt from the requirement to obtain a permit for new, expanded, or modified use of waters from the Ralston Ditch. While the Ralston Ditch itself, as a community ditch, does not require a permit to divert water, any changes in the amount of water appropriated or the location of use by the ditch users are subject to regulation and require a permit from the State Engineer (paras 25-27).