Albuquerque Has No Right To Rio Grande Water: NM Court

Law360, New York (November 29, 2011, 3:10 PM EST) -- A New Mexico appeals court ruled Monday that the state engineer was wrong to grant a permit allowing Albuquerque, N.M.'s water authority to divert 14.7 billion gallons of water from the Rio Grande each year, finding the city had no right to the water.

The Albuquerque-Bernalillo County Water Utility Authority did not have a right to the Rio Grande water, the appeals court ruled, because it never had sought a water appropriation from the state engineer. Anyone who uses public water must be granted an appropriation,...
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