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HERRINGTON v. OFFICE OF STATE ENGINEER

No. 23,871.

92 P.3d 31 (2004)

135 N.M. 585

2004-NMCA-062

Ellis B. and Laverne HERRINGTON, Applicants-Appellants, v. STATE of New Mexico ex rel. OFFICE OF the STATE ENGINEER, Agency-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted May 17, 2004.

Attorney(s) appearing for the Case

Charles T. DuMars, Christina Bruff DuMars, Law & Resource Planning Associates, P.C., Albuquerque, NM, for Appellants.

DL Sanders, General Counsel, Stacey J. Goodwin, Special Assistant Attorney General, Santa Fe, NM, for Appellee.

Certiorari Granted, No. 28,628, May 17, 2004.

OPINION

PICKARD, Judge.

{1} The Herringtons (Applicants) applied to change the point of diversion for their surface water right from an above-ground location to a well. The Office of the State Engineer denied their application, and Applicants appealed to the district court. The district court reviewed the application de novo and denied it, and Applicants appeal. Applicants argue that the district...

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