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CITY OF ROSWELL v. BERRY

No. 8571.

452 P.2d 179 (1969)

80 N.M. 110

CITY OF ROSWELL, Applicant-Appellee, Carlsbad Irrigation District, Protestant-Appellee, S.E. Reynolds, State Engineer of the State of New Mexico, Respondent-Appellee, v. H.C. BERRY, Protestant-Appellant.

Supreme Court of New Mexico.

March 24, 1969.

Attorney(s) appearing for the Case

Catron & Catron, Thomas A. Donnelly, Santa Fe, for appellant.

Schauer & Stiff, Roswell, Boston E. Witt, Atty. Gen., F. Harlan Flint, Peter B. Shoenfeld, Sp. Asst. Attys. Gen., Santa Fe, for appellees.

OPINION

WOOD, Judge, Court of Appeals.

The appeal is concerned with the regulation of underground water rights. Two issues pertain to the State Engineer's jurisdiction. One issue pertains to the findings concerning impairment.

Roswell (City of Roswell) sought to change the location of wells and the place and purpose of use of water from the wells. Its purpose was to establish a new well field as a municipal...

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