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UNITED NUCLEAR v. STATE EX REL. MARTINEZ

No. 14775.

870 P.2d 1390 (1994)

117 N.M. 232

UNITED NUCLEAR CORPORATION, Petitioner-Appellant, v. STATE of New Mexico, ex rel., Eluid L. MARTINEZ, State Engineer, Respondent-Appellee.

Court of Appeals of New Mexico.

February 11, 1994.

Attorney(s) appearing for the Case

Jon J. Indall and Joseph E. Manges, Carpenter, Comeau, Maldegen, Brennan, Nixon & Templeman, Santa Fe, for petitioner-appellant.

Ann Finley Wright and Stephen R. Farris, Sp. Asst. Attys. Gen., New Mexico State Engineer Office, Santa Fe, for respondent-appellee.

OPINION

PICKARD, Judge.

United Nuclear Corporation (UNC) appeals from the district court's dismissal of UNC's de novo appeal from an administrative ruling of the State Engineer. We reverse the district court and remand for a review on the merits of the administrative ruling.

BACKGROUND

In early 1990, UNC filed Declaration of Owner of Underground Water Right No. G-190 with the State Engineer. In the filing, UNC claimed that prior...

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