With no explanation, chose the best option from "A", "B", "C" or "D". in a light most favorable to the nonmoving party. See Gardner-Zemke Co. v. State, 109 N.M. 729, 732, 790 P.2d 1010, 1013 (1990). Summary judgment is foreclosed either when the record discloses the existence of a genuine controversy concerning a material issue of fact, or when the trial court granted summary judgment based upon an error of law. See id.; see also Garcia v. Sanchez, 108 N.M. 388, 395, 772 P.2d 1311, 1318 (Ct.App.1989). Severance of Water Rights {11} The trial court determined that the facts material to disposition of this issue are not in dispute. We agree. We, however, hold that the trial court erred as a matter of law when it concluded that the Bassetts successfully severed the appurtenant water rights prior to sale of the property. See id. at 395, 772 P.2d at 1318 (<HOLDING>). The trial court decided that the water rights

A: recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law
B: holding that affidavit in support of summary judgment may not be based upon factual conclusion or conclusions of law
C: holding that summary judgment may be reversed when it is based on an error of law
D: holding that if summary judgment is reversed and remanded parties are not limited to theories asserted in original summary judgment at later trial on merits
C.