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STATE v. ALLMAN

No. 8139.

427 P.2d 886 (1967)

78 N.M. 1

STATE of New Mexico ex rel. S. E. REYNOLDS, State Engineer, Pecos Valley Artesian Conservancy District and Hagerman Canal Company, Plaintiffs-Appellees, v. C. ALLMAN, Rogers Aston and LaDora Lucas, Executors of the Last Will and Testament of Bert Aston, Deceased et al., Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied May 31, 1967.

Attorney(s) appearing for the Case

John R. Russell, Roswell, for Pecos Valley Artesian Conservancy District.

Hinkle, Bondurant & Christy, Paul W. Eaton, Jr., Roswell, for Hagerman Canal Co.

Boston E. Witt, Atty. Gen., F. Harlan Flint, Sp. Asst. Atty. Gen., Santa Fe, for State Engineer.

Frazier, Cusack & Schnedar, Roswell, for appellants.

OPINION

MOISE, Justice.

In 1956, the State of New Mexico on the relation of S.E. Reynolds, State Engineer, joined with Pecos Valley Artesian Conservancy District in bringing suit under the provisions of §§ 75-4-4 and 75-4-6, N.M.S.A. 1953, to adjudicate the rights to water in the Roswell Artesian Basin. The action had numerous defendants and was numbered 20294 on the docket of the district court of Chaves County. It will be herein referred to as...

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