Lindsey v. McClure’s Empirical Analysis
136 F.2d 65 · 1943
Citation profile
2 federal appellate · 4 state decisions
How this case has been cited
Cited by 6 later decisions — most recently December 1971
2 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State of Wyoming v. State of Colorado · Strickler v. City of Colorado Springs · Yeo v. Tweedy · Snow v. Abalos · Coffin v. Left Hand Ditch Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In 1907, New Mexico adopted a comprehensive statute on the law of waters. Ch. 49, N.M.S.L.1907, §§ 151-101 to 151-178, N.M.S.A.1929. The statute codifies the Colorado doctrine, prescribes the procedure for effecting appropriations through applications for permits made to and granted by the state engineer, and provides for the issuance by the state engineer,, upon the completion of the physical works and the application of the water to beneficial use, of a license to appropriate water. “Section 45 of ch. 49, supra, as amended by § 18, ch. 126, N.M.S.L. 1941, provides that an appropriator of water may, with the approval of the state engineer, change ,the place of diversion, storage, or use where such changes can be made without detriment to existing rights.””
1 later decision quote this exact passage · from the majority““However, a water right is a property right and inherent therein is the right to change the place of diversion, storage, or use of the water if the rights of other water users will not be injured thereby. Hence, the statutes above referred to are a recognition rather than a grant of the right to make such changes and they merely lay down a procedure whereby it may be determined whether such changes can be effected without injuriously affecting the rights of other users.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.