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McBEE v. REYNOLDS

No. 7495.

399 P.2d 110 (1965)

74 N.M. 783

C.J. McBEE and Mrs. Roberta McBee, Collins Walker and Edna Almeta Walker, Chasie McReynolds, Robert A. Clark and Mary D. Kipp, Appellees, v. S.E. REYNOLDS, State Engineer, Appellant.

Supreme Court of New Mexico.

January 11, 1965.

Attorney(s) appearing for the Case

Benjamin M. Sherman, Deming, and Foy & Vesely, Silver City, for appellees.

Earl E. Hartley, Atty. Gen., and Charles D. Harris, Sp. Asst. Atty. Gen., Santa Fe, for appellant.

MOISE, Justice.

The state engineer, appellant herein, argues in his first point that he "has the jurisdiction to receive for filing and to act upon applications to appropriate water in underground basins having reasonably ascertainable boundaries prior to the time he issues an order or proclamation declaring said basin to be a basin with reasonably ascertainable boundaries."

In State ex rel. Reynolds v. Mendenhall, 68 N.M. 467

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