Document Type

Presentation

Publication Date

3-26-1992

Abstract

This paper explores generally this paradoxical approach to mineral and water rights on confirmed Spanish and Mexican land grants. The analysis treats mineral and water rights separately. For each critical land grant resource, the paper explicates basic law of the Southwest's antecedent sovereigns. It then suggests how those Spanish and Mexican rights fit within the 1848 Treaty of Guadalupe Hidalgo guarantee of protection of "property rights." It proceeds to analyze how the United States implemented those guarantees, suggesting that the treatment of the succeeding sovereign owed more to its own law than it did to the law of the antecedent sovereigns. Each section concludes with an analysis of the very different problems that the contradictory handling of mineral and water resources have left to the Southwest today. Finally, the paper ends considering mineral and water resources together and suggesting the continuing land grant legacy." Symposium cosponsored by Continuing Legal Education, The Natural Resources Section and the International & Immigration Law Section of the State Bar of New Mexico, The UNM School of Law, and The International Transboundary Resources Center

Publication Title

De Santa Fe (Granada) a Santa Fe (New Mexico): The Influence of Spanish Law in the New World

First Page

1

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