STATE v. POTTER COMPANY

No. 6150.

314 P.2d 390 (1957)

63 N.M. 101

STATE of New Mexico, on the relation of John H. BLISS, State Engineer, Plaintiff-Appellant, v. The POTTER COMPANY, a corporation, Defendant-appellee.

Supreme Court of New Mexico.

August 12, 1957.


Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Charles D. Harris, Sp. Asst. Atty. Gen., for appellant.

Stagner, Sage & Walker, Carlsbad, G.T. Watts, Roswell, for appellee.


McGHEE, Justice.

The State Engineer sued to enjoin the use of water from the Roswell Artesian basin on certain parts of two farms, owned by the defendant, one known as the East Second Street farm east of Roswell, and the other as the Strickland farm in the East Grand Plains neighborhood southeast of Roswell. The injunctions were denied following a decision below that the defendant had valid water rights on the lands in dispute and this appeal followed.

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