Free Notice (Other) - District Court of Federal Claims - federal

Case 1:91-cv-01470-LAS

Document 306

Filed 06/29/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
)

THE ESTATE OF E. WAYNE HAGE AND THE )

ESTATE OF JEANN. HAGE, )

v. )

Plaintiffs, )
) ) ) )

)

No.91-1470L
Senior Judge Loren Smith

UNITED STATES OF AMERICA, )
Defendant. )

DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY
Defendant hereby provides notice to the Court of supplemental authority, Walker v.

United States, No. 29,544 (N.M. Sup. Ct. June 21, 2007) ("Opinion"), in which the New Mexico
Supreme Court answered the following two questions, certified by the United States Court of
Federal Claims, in the negative: (1) Does the law ofthe State of

New Mexico recognize a limited
the State of

forage right implicit in a vested water right?; and (2) Does the law of

New Mexico

recognize a limited forage right implicit in a right-of-way for the maintenance and enjoyment of a
vested water right?

Defendant notifies the Court of this opinion because of its relevance to the question of

whether plaintiffs possess a compensable propert interest, which is a necessary antecedent to
resolution of the 2004 trial in this case. A copy of

the Opinion is attached.

Case 1:91-cv-01470-LAS

Document 306

Filed 06/29/2007

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Dated: June 29, 2007

Respectfully submitted,

RONALD J. TENPAS Acting Assistant Attorney General Environment & Natural Resources Division

Isl Kathleen L. Doster Kathleen L. Doster Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-048 1 (phone) (202) 305-0506 (fax)
kathleen.dostert0usdoi. gov

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Case 1:91-cv-01470-LAS

Document 306

Filed 06/29/2007

Page 3 of 3

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy ofthe foregoing DEFENDANT'S NOTICE of OF SUPPLEMENTAL AUTHORITY has been served by first class mail on this 29th day June, 2007, to the following interested parties:

Michael W olz

by first class mail

Nevada Attorney General's Offce 100 North Carson Street Carson City, NV 89701-4717
Thomas D. Lustig National Wildlife Federation
2260 Baseline Rd. Ste. 100

by first class mail

Boulder, CO 80302

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