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STATE EX REL. MARTINEZ v. McDERMETT

No. 15666.

901 P.2d 745 (1995)

120 N.M. 327

STATE of New Mexico ex rel. Eluid L. MARTINEZ, State Engineer, Plaintiff-Appellant, v. Jean Jo McDERMETT and J.B. McLean, Defendants-Appellees.

Court of Appeals of New Mexico.

May 19, 1995.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Stephen R. Farris, Special Asst. Atty. Gen., New Mexico State Engineer Office, Santa Fe, for plaintiff-appellant.

Fred H. Hennighausen, Gregory L. Townsend, Interjurist Law Firm, P.C., Roswell, for defendants-appellees.

OPINION

DONNELLY, Judge.

The State Engineer appeals from an order of the district court in favor of Jean Jo McDermett and J.B. McLean (Defendants), determining that Defendants established a priority date for water rights to an artesian well owned by Defendants and appurtenant to their eighty-four-acre tract. On appeal the State Engineer argues that the district court erred in finding that (1) Defendants had...

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