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McGEE v. STATE

No. 6820.

380 P.2d 195 (1963)

72 N.M. 48

Taft McGEE and Marguerite McGee, his wife, and Carl Russell, Appellees, v. STATE of New Mexico ex rel. S. E. REYNOLDS, State Engineer, Appellant.

Supreme Court of New Mexico.

March 22, 1963.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Santa Fe, Charles D. Harris, J. Lee Cathey, Special Asst. Attys. Gen., Roswell, for appellant.

Brown & Brainerd, Roswell, William M. Siegenthaler, Artesia, for appellees.

COMPTON, Chief Justice.

The State Engineer appeals from a judgment of the district court of Eddy County reversing his decision denying appellees' application for an extension of time within which to make application of surface waters from the Pecos River to beneficial use under license number 746.

The scope of review is brought into question. The record merely discloses that the State Engineer denied the application February 18, 1958 without any hearing whatsoever...

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