New Mexico Supreme Court

State ex rel. Off. of St. Eng'r v. Romero

September 26, 2022

Summary

The New Mexico Supreme Court affirmed the lower courts, holding that the state’s groundwater forfeiture statute permits partial forfeiture and that petitioner’s limited use does not preserve the larger claimed right. The Court based its decision on the constitutional doctrine of beneficial use, legislative intent, and substantial evidence of nonuse.