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STATE EX REL. STATE ENGINEER v. LEWIS

No. 16349.

910 P.2d 957 (1995)

121 N.M. 323

STATE of New Mexico ex rel. STATE ENGINEER and Pecos Valley Artesian Conservancy District, Plaintiffs-Appellants, v. L.T. LEWIS, et al., United States of America and Mrs. George Thomas Smith, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied January 31, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, DL Sanders, Special Assistant Attorney General, Santa Fe, for Plaintiff-Appellant New Mexico State Engineer.

John P. Hays, Potter, Mills & Hays, P.A., Santa Fe, for Defendant-Appellee Mrs. George Thomas Smith.

OPINION

BLACK, Judge.

The opinion filed October 27, 1995 is withdrawn and the following is substituted therefor. The State Engineer's petition for rehearing is denied.

Mrs. George Thomas Smith (Smith) is the owner of the Terrell Ranch which sits astride the headwaters of the Gallinas River. Smith diverts and/or impounds surface waters of the Gallinas River in fourteen small ponds used for stock watering and/or recreational purposes. The State...

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