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STOKES v. MORGAN

No. 14798.

680 P.2d 335 (1984)

101 N.M. 195

Robert STOKES and Calvin Blevins, Protestants-Appellees, v. Robert MORGAN, Applicant-Appellant, and S.E. Reynolds, New Mexico State Engineer, Respondent-Appellee, and Robert STOKES and Calvin Blevins, Protestants-Appellees, v. David C. SANDERS, David C. Sanders, Jr., and the Federal Land Bank of Wichita, Applicants-Appellants, and S.E. Reynolda, New Mexico State Engineer, Respondent-Appellee.

Supreme Court of New Mexico.

March 20, 1984.

Attorney(s) appearing for the Case

Richard A. Simms, Hinkle, Cox, Eaton, Coffield & Hensley, Santa Fe, for appellants.

Joe Parker, Rowley & Hammond, Clovis, for protestants-appellees.

Peter Thomas White, Asst. Atty. Gen., Santa Fe, for respondent State Engineer.

OPINION

FEDERICI, Chief Justice.

This is an action involving two applications for change in point of diversion and place of use of groundwater rights in the Portales Underground Water Basin (Basin). The State Engineer approved the changes and the protestants appealed the decisions to the District Court of Roosevelt County. By agreement of the parties, the actions were combined for trial. In a trial de novo the court ruled in favor of the protestants and...

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