State of New Mexico Ex Rel. Reynolds v. United States
Cases that cite this one
6 later published cases cite this decision.
- United States v. Bluewater-Toltec Irrigation District (District Court, D. New Mexico 1984)
- In re Gen. Adjudication of All Rights to Use Water (District Court, D. South Dakota 1982)
- South Dakota ex rel. Meierhenry v. Rippling Water Ranch, Inc. (District Court, D. South Dakota 1982)
- State Engineer of Nevada v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians (District Court, D. Nevada 1999)
- Mignogna v. Sair Aviation, Inc. (District Court, N.D. New York 1988)
- National Audubon Society v. Department of Water & Power (United States District Court for the Eastern District of California 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ORDER
This case involves a New Mexico adjudication of water rights to which the United States was joined as a defendant to establish its claims on behalf of various federal agencies and as trustee over Indian lands using or claiming water of the San Juan River.
The United States removed the case here and the plaintiff moved to remand the action to the District Court for San Juan County. The motion to remand is well taken.
The United States was properly before the State Court pursuant to 43 U.S.C. § 666 in its capacity as trustee over Indian lands, Arizona v. California, 373 U.S. 546, 83 S.Ct. 1468, 10 L.Ed.2d 542; United States v. Akin, 504 F.2d 115 (10th Cir. 1974) (where the United States brought the action as Plaintiff on behalf of two Indian tribes); and United States v. District Court for Eagle County, 401 U.S. 520, 91 S.Ct. 998, 28 L.Ed.2d 278. The right of removal which the United States seeks to exercise is not implicit in 43 U.S.C. § 666, nor in the mere fact that the United States is a defendant.
There is presently no federal question jurisdiction and the removal cannot be sustained under 1441(c). Section 1442 also is not available. In re Green River Drainage Area, 147 F.Supp. 127 (D.C. Utah 1956); Andersen v. Bingham & G. Ry. Co., 169 F.2d 328 (10th Cir. 1948). Now, Therefore,
It is ordered that the action is remanded to the District Court for San Juan County, New Mexico.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.