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STATE, ETC. v. RIO RANCHO ESTATES, INC.

No. 12882.

624 P.2d 502 (1981)

STATE of new Mexico ex rel. S.E. REYNOLDS, State Engineer, Appellant, v. RIO RANCHO ESTATES, INC., Appellee.

Supreme Court of New Mexico.

Rehearing Denied March 4, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Richard A. Simms, Stephen D. Dillon, Sp. Asst. Attys. Gen., Santa Fe, for appellant.

Shoenfeld & Engel, Peter B. Shoenfeld, Santa Fe, for appellee.

OPINION

FEDERICI, Justice.

Appellee undertook a drilling program in 1971 just outside the boundaries of the Rio Grande Underground Water Basin. Of six holes drilled, only the well at issue in this case was logged, reamed and cased. A short pump test of the well was conducted and the hole was capped some time prior to October 1971. The outside diameter of the casing was seven inches and the depth of the well was 1,500 feet.

On September 7, 1973, the...

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