Rio Puerco Irrigation Co. v. Jastro

Citations

• 19 N.M. 149
• 141 P. 874

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sections 29 and 35, Chap. 49, S. L. 1907, construed. Held, that financial inability, or lack of money with which to prosecute the work required, under a permit to appropriate water, does not constitute sufficient justification for an extension of time by the territorial engineer, within which the applicant is required to complete one-fifth, or the whole of the work.</p> <p>P. 153</p> <p>2. Where an application for a permit to appropriate water for a beneficial use is approved by the district court, on appeal, the appellate court will presume, in the absence of anything in the record to the contrary, that there is unappropriated water available to supply the requirements under the permit.</p> <p>P. 155</p>