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DEAF SMITH CTY. GRAIN PROCESSORS v. DIXON

No. 13311.

864 P.2d 812 (1993)

116 N.M.App. 523

DEAF SMITH COUNTY GRAIN PROCESSORS, INC., Plaintiff-Appellee, v. David DIXON, Defendant-Appellant.

Court of Appeals of New Mexico.

October 12, 1993.

Attorney(s) appearing for the Case

Charles D. Alsup, Alsup Law Office, Clayton, for plaintiff-appellee.

Robert S. Skinner, Raton, for defendant-appellant.

OPINION

HARTZ, Judge.

This appeal requires us to decide whether the district court had authority to determine whether Plaintiff-Appellee, Deaf Smith County Grain Processors, Inc. (Deaf Smith), acquired an easement by continuous use of a ditch for irrigation purposes, see NMSA 1978, § 73-2-5, or whether the matter must first be decided by the State Engineer. We hold that the district court had jurisdiction to decide the matter because there...

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