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WORLEY v. UNITED STATES BORAX AND CHEMICAL CORP.

No. 8245.

428 P.2d 651 (1967)

78 N.M. 112

Austin J. WORLEY, Plaintiff-Appellant, v. UNITED STATES BORAX AND CHEMICAL CORPORATION and Southwestern Public Service Company, Defendants-Appellees.

Supreme Court of New Mexico.

May 29, 1967.

Attorney(s) appearing for the Case

Charles D. Harris, Roswell, for appellant.

Hinkle, Bondurant & Christy, Paul W. Eaton, Jr., Harold L. Hensley, Jr., Roswell, for Southwestern Public Service Co.

Stagner, Sage, Walker & Estill, Carlsbad, Frazier, Cusack & Schnedar, Roswell, for United States Borax & Chemical Corp.

OPINION

WOOD, Judge, Court of Appeals.

The appeal involves the right to water of a downstream senior appropriator as against upstream junior appropriators. All water rights involved are rights to divert water from the Pecos River.

Plaintiff alleged that he had the use of a water right senior to the rights of Public Service (Southwestern Public Service Company) and the City of Carlsbad. He alleged that he shared a portion of this senior right with...

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