10th Circ. Denies Rehearing For New Mexico Water Rights Suit

Law360 (December 21, 2020, 10:23 PM EST) -- The Tenth Circuit won't rehear its ruling that the state of New Mexico can't reallocate water access permissions for three Native American tribes despite argument from the state that the panel overstepped its authority.

A three-judge panel denied rehearing Friday to New Mexico, which had argued the panel wrongly delved into purported facts of the case when it was only supposed to only be deciding whether a sovereign can eliminate rights without proper permissions. That leaves intact the court's September decision that when the Spanish government colonized the area around the Jemez River in the 1500s it did not take away...

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