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STATE v. ALEXANDER

No. 5905.

286 P.2d 322 (1955)

59 N.M. 478

STATE of New Mexico, on the Relation of John H. BLISS, State Engineer, Plaintiff-Appellee, v. C.E. ALEXANDER, Dub Andrus, Luther Cooper, Troy Collier, Martin Hughes, Paul Young, Defendants, Troy Collier, Appellant.

Supreme Court of New Mexico.

Rehearing Denied August 11, 1955.

Attorney(s) appearing for the Case

Heidel & Swarthout, Lovington, for appellant.

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

G.T. Hanners & Howell Spear, Lovington, for appellee Young.

COMPTON, Chief Justice.

The State of New Mexico, on relation of the State Engineer, brought this action for a declaratory judgment, determining the order of priority of various applicants for the unappropriated waters of the Lea County Underground Basin, particularly underlying Township 16 South, Range 38 East. At a hearing on the merits, the court made the following finding:

"That application No. L-1224 was duly...

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