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SPENCER v. BLISS

No. 5911.

287 P.2d 221 (1955)

60 N.M. 16

G.R. SPENCER, Plaintiff-Appellee, v. John H. BLISS, State Engineer, Defendant-Appellant.

Supreme Court of New Mexico.

July 29, 1955.

Attorney(s) appearing for the Case

Richard H. Robinson, Atty. Gen., Charles D. Harris, Sp. Asst. Atty. Gen., for appellant.

Stagner & Sage, Carlsbad, for appellee.

SADLER, Justice.

The State Engineer appeals from a judgment of the district court of Eddy County granting an application of the plaintiff below (appellee here) to change the place or method of use of water from one location to another within the Carlsbad Underground Water Basin.

There were, in fact, two applications, described as Nos. C-223 and C-224. The applications were first filed with the State Engineer, both of which were denied, whereupon the plaintiff...

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