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BRANTLEY v. CARLSBAD IRR. DIST.

No. 11610.

587 P.2d 427 (1978)

92 N.M. 280

In the Matter of Application No. C-1593 of George H. Brantley to Supplement Surface Waters of the Carlsbad Irrigation District. George H. BRANTLEY, Applicant-Appellee, v. CARLSBAD IRRIGATION DISTRICT, Protestant-Appellant, and S. E. Reynolds, New Mexico State Engineer, Respondent-Appellant.

Supreme Court of New Mexico.

Rehearing Denied November 27, 1978.

Attorney(s) appearing for the Case

McCormick & Forbes, Jay W. Forbes, Carlsbad, for protestant-appellant.

Toney Anaya, Atty. Gen., Richard A. Simms, Peter T. White, Don Klein, Jr., Sp. Asst. Attys. Gen., Santa Fe, for respondent-appellant.

J. Lee Cathey, Carlsbad, for applicant-appellee.

OPINION

EASLEY, Justice.

Applicant-appellee, George H. Brantley, filed an application with the New Mexico State Engineer seeking to supplement his rights to irrigation waters. The Carlsbad Irrigation District (C.I.D.) protested. After a hearing the State Engineer denied the application. On appeal to the District Court of Eddy County the case was tried de novo. Judgment was entered in favor of Brantley. The State Engineer and C.I.D. appeal. We reverse.

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