Gallegos Family Properties, LLC; Marianne Gallegos; Ellen Gallegos; Gene J. Gallegos; and Reinaldo Gallegos…

Summary

The court affirmed the denial of Gallegos's petition to remove part of a designated groundwater basin because Gallegos did not present new evidence showing that groundwater pumping was connected to Crow Creek in a manner satisfying the statutory requirements for de-designation. The court held that evidence confirming connectivity that existed when the basin was designated did not establish newly occurring or newly discovered conditions. The court also affirmed the award of reasonable and necessary litigation costs to the Well Owners under Rule 54(d).