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STATE EX REL. REYNOLDS v. SOUTH SPRINGS CO.

No. 8713.

452 P.2d 478 (1969)

80 N.M. 144

STATE of New Mexico ex rel. S.E. REYNOLDS, State Engineer, Plaintiff-Appellee, v. SOUTH SPRINGS CO. et al., Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied April 10, 1969.

Attorney(s) appearing for the Case

Sanders & Bruin, Roswell, for appellants.

Boston E. Witt, Atty. Gen., F. Harlan Flint, Special Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

TACKETT, Justice.

This suit was brought in the District Court of Chaves County seeking a declaratory judgment. The court, sitting without a jury, considered the stipulations and testimony and entered judgment for plaintiff, declaring the defendants had lost their water rights by abandonment, forfeiture or nonuse.

The action was filed May 25, 1967. The State of New Mexico, ex rel. the State Engineer, alleged that defendants were owners of...

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