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APPLICATION OF CARLSBAD IRRIGATION DISTRICT

No. 9892.

530 P.2d 943 (1974)

87 N.M. 149

Application of the CARLSBAD IRRIGATION DISTRICT and the United States Department of the Interior, Bureau of Reclamation, File No. 6, for a Permit to Transfer Irrigation Storage Capacity in Alamogordo Dam and Reservoir to Los Esteros Dam and Lake and to Provide Additional Irrigation Storage Capacity in Los Esteros Dam and Lake. FORT SUMNER IRRIGATION DISTRICT, Appellant, v. CARLSBAD IRRIGATION DISTRICT et al., Appellees.

Supreme Court of New Mexico.

Rehearing Denied November 11, 1974.

Attorney(s) appearing for the Case

Hinkle, Bondurant, Cox & Eaton, Paul W. Eaton, Jr., Paul J. Kelly, Jr., Roswell, for appellant.

David L. Norvell, Atty. Gen., Roy G. Hill, Sp. Asst. Atty. Gen., Paul L. Bloom, Asst. Atty. Gen., Santa Fe, McCormick, Paine & Forbes, Carlsbad, for appellees.

Sutin, Thayer & Browne, Albuquerque, amicus curiae.

OPINION

OMAN, Justice.

Carlsbad Irrigation District (Carlsbad) and the United States Bureau of Reclamation made application to the State Engineer (Engineer) for authority to transfer water storage rights from Alamogordo Lake, located behind Alamogordo Dam on the Pecos River, to Los Esteros Lake to be created behind Los Esteros Dam to be constructed on the Pecos River some 60 miles upstream from Alamogordo Dam.

After a hearing, the Engineer entered...

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