{
  "id": 1573366,
  "name": "TURLEY v. STATE ENGINEER",
  "name_abbreviation": "Turley v. State Engineer",
  "decision_date": "1935-10-02",
  "docket_number": "No. 3999",
  "first_page": "472",
  "last_page": "473",
  "citations": [
    {
      "type": "official",
      "cite": "39 N.M. 472"
    },
    {
      "type": "parallel",
      "cite": "49 P.2d 1135"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 219,
    "char_count": 2919,
    "ocr_confidence": 0.69,
    "sha256": "5f63cf300f49c299674782c2797dea194e4f7b991f5e81a20626a861ced36fc9",
    "simhash": "1:b7021657fe139d74",
    "word_count": 491
  },
  "last_updated": "2023-07-14T22:29:01.191463+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "SADLER, C. J., and HUDSPETH, BICKLEY, and ZINN, JJ., concur."
    ],
    "parties": [
      "TURLEY v. STATE ENGINEER."
    ],
    "opinions": [
      {
        "text": "BRICE, Justice.\nThis ds a suit against the State Engineer of the state of New Mexico for a mandatory injunction requiring him to \u201crestore on the records of the office of the State Engineer\u201d certain entries showing relator\u2019s water rights, which it is alleged, \u201cthe State Engineer endeavored by various and sundry actions to cancel the said claims, rights, title and interests of the said relator in and to the waters of certain streams, etc.,\u201d and also to enjoin the State Engineer from \u201cdispensing information which questions the title of relator in the said waters, etc.\u201d\nIt is alleged that relator has water rights in the San Juan River System granted to him in the year of 1903 by the \u201cIrrigation Commission of the then Territory of New Mexico\u201d and \u201cby the Secretary of the Interior of the United States\u201d and that his \u201csurveys as preliminaries for certain projects\u201d were \u201cfiled of record collectively in the office of ^ the territorial, now State Engineer,, of the State of New Mexico\u201d and all of which the State Engineer attempted to cancel prior to the 16th day of April, 1917. Certain allegations are made, showing the expenditure of several thousand dollars some thirty years ago toward perfecting the alleged water rights, and reasons why such rights had not been perfected. The complaint is lengthy, but the foregoing will be sufficient to determine the case.\n(1) Assuming that the facts alleged in the complaint show relator has a water right and there is or was authority to file his title papers with the State Engineer so that they are public records, and assuming that the State Engineer has no authority to cancel his alleged water rights, we know of no authority in the district court to compel respondent by injunction to restore undescribed entries in records apparently attempted to be canceled by some of respondent\u2019s predecessors in office, or to cancel undescribed records made officially by respondent or his predecessors in office, nor have we been furnished any such authority by relator.\n(2) Assuming that respondent is not authorized under the law (see section 151-133 and section 151-154, Comp. St. 1929), and in the course of his duty, to determine the available unappropriated water supply, and in doing so incidentally questions the water rights of any claimant, still we know of no authority, and none has been presented to us by relator, authorizing this court to enjoin the respondent from questioning relator\u2019s title to alleged water rights, or in his official capacity write letters questioning such title.\nFinding no error in the record, the decree of the district court is affirmed.\nIt is so ordered.\nSADLER, C. J., and HUDSPETH, BICKLEY, and ZINN, JJ., concur.",
        "type": "majority",
        "author": "BRICE, Justice."
      }
    ],
    "attorneys": [
      "Harry S. Bowman, of Santa F\u00e9, for appellant.",
      "Frank H. Patton, Atty. Gen., and J. R. Modrall, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "49 P.(2d) 1135\nTURLEY v. STATE ENGINEER.\nNo. 3999.\nSupreme Court of New Mexico.\nOct. 2, 1935.\nHarry S. Bowman, of Santa F\u00e9, for appellant.\nFrank H. Patton, Atty. Gen., and J. R. Modrall, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0472-01",
  "first_page_order": 520,
  "last_page_order": 521
}