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CITY OF HOBBS v. STATE EX REL. REYNOLDS

No. 8953.

476 P.2d 500 (1970)

82 N.M. 102

CITY OF HOBBS et al., Plaintiffs-Appellees, v. STATE of New Mexico ex rel. State Engineer, Steve REYNOLDS, and City of Roswell, Defendants-Appellants.

Supreme Court of New Mexico.

November 2, 1970.

Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., F. Harlan Flint, Paul L. Bloom, Special Asst. Attys. Gen., Santa Fe, for State Engineer Steve Reynolds.

Hinkle, Bondurant, Cox & Eaton, John F. Russell, Roswell, for City of Roswell.

Donald D. Hallam, Hobbs, for City of Hobbs.

J.W. Neal, Hobbs, for Town of Tatum.

John N. Sanders, Lovington, for City of Lovington.

L. George Schubert, Hobbs, for City of Eunice.

Finis L. Heidel, Lovington, for Town of Tatum.

Robert W. Ward, Lovington, for individual plaintiffs-appellees John Easley, and others.

Don Maddox, Hobbs, for County of Lea.

OPINION

SISK, Justice.

On April 20, 1967, the City of Roswell and Mescalero Water Corporation entered into a written contract pertaining to applications which had been filed with the State Engineer to appropriate underground water, which applications were assigned by the original applicant to the City of Roswell on May 20, 1967. Under the contract, Mescalero was to obtain the necessary permits on behalf of and for the benefit of Roswell and, dependent upon...

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