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STATE EX REL. REYNOLDS v. MIRANDA

No. 9325.

493 P.2d 409 (1972)

83 N.M. 445

STATE of New Mexico, ex rel. S. E. REYNOLDS, State Engineer, Plaintiff-Appellee, v. Lorenzo MIRANDA, Defendant-Appellant.

Supreme Court of New Mexico.

January 21, 1972.

Attorney(s) appearing for the Case

Rozier E. Sanchez, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Chester H. Walter, Paul L. Bloom, Sp. Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

MONTOYA, Justice.

Plaintiff-appellee State of New Mexico, ex rel., S.E. Reynolds, State Engineer, brought this action in the District Court of Socorro County, New Mexico, seeking a declaration that defendant-appellant Lorenzo Miranda had no right to use water from the Rio Grande Underground Water Basin or waters related thereto. The trial court, together with counsel for both parties, agreed that the case would turn on one legal issue, whether physical...

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