State Engineer of New Mexico, Plaintiff-Respondent v. Diamond K Bar Ranch, LLC, and Raymond L. Kysar, Jr. and Patsy…

Summary

The New Mexico Supreme Court affirmed the district court’s denial of the petitioners’ motion to dismiss, holding that the State Engineer has statutory authority to require permits and enjoin unlawful diversions of surface water even when the water is diverted from Colorado. The Court explained that community‑ditch exemptions do not apply to changes in the amount or place of use, and that petitioners must obtain a permit for any new, expanded, or modified use of the water.