IN RE HOBSON

No. 6409.

330 P.2d 547 (1958)

64 N.M. 462

Matter of the Application of Eugene HOBSON and W. Fields Waller for Permit to Change Location of Wells.

Supreme Court of New Mexico.

October 7, 1958.


Attorney(s) appearing for the Case

Bean, Osborn & Snead, Roswell, for Hobson.

T.T. Sanders, Jr., Roswell, for Waller.

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

James W. Stagner, Carlsbad, amicus curiae.


COMPTON, Justice.

This is an appeal from a judgment of the District Court of Chaves County denying applications to change the locations of wells and places of use of underground waters of the Roswell Artesian Basin. The applicable statute, § 75-11-7, 1953 Comp., reads:

"The owner of a water right may change the location of his well or change the use of the water, but only upon application to the state engineer and upon showing that such change or changes...

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