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LANGENEGGER v. CARLSBAD IRRIGATION DISTRICT

No. 9026.

483 P.2d 297 (1971)

In the Matter of the Application of A.W. Langenegger, No. 646 and RA-1851, and Langenegger and Sons, No. 188 and RA-5379 Consolidated. A.W. LANGENEGGER and Langenegger and Sons, Applicants-Appellants, v. CARLSBAD IRRIGATION DISTRICT, a Quasi-Municipal Corporation, Protestant-Appellee, S.E. Reynolds, New Mexico State Engineer, Respondent-Appellant.

Supreme Court of New Mexico.

March 29, 1971.

Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., Paul L. Bloom, Sp. Asst. Atty. Gen., Santa Fe, for S.E. Reynolds.

Hinkle, Bondurant, Cox & Eaton, Roswell, for Langenegger.

Walker & Estill, Carlsbad, for appellee.

OPINION

OMAN, Justice.

Respondent-appellant, New Mexico State Engineer (hereinafter referred to as Engineer), after conducting a hearing, entered his decision approving the applications of appellant-applicants (hereinafter referred to as applicants), to supplement their rights to irrigation waters from the Pecos River, by diverting through wells, waters from the artesian aquifer of the Roswell Underground Basin. The protestant-appellee (hereinafter referred...

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