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MONTGOMERY v. N.M. STATE ENGINEER

No. 24,297.

114 P.3d 339 (2005)

137 N.M. 659

2005-NMCA-071

Lynn MONTGOMERY, Dr. Robert Wessely, and Dr. Catherine Harris, Protestants-Appellants, v. NEW MEXICO STATE ENGINEER, Appellee, and Lomos Altos, Inc. and Garden Path Associates, Applicants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted June 2, 2005.

Attorney(s) appearing for the Case

Mary E. Humphrey, Connie Odé, Humphrey & Odé, P.C., El Prado, for Appellants.

DL Sanders, Chief Counsel, Hilary Lamberton, Special Assistant Attorney General, Office of the State Engineer, Santa Fe, for Appellee State Engineer.

Maria O'Brien, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Catherine F. Davis, Hunt & Davis, P.C., Albuquerque, for Appellees Lomos Altos, Inc. and Garden Path Associates.

Certiorari Granted, 29,202, June 2, 2005.

OPINION

PICKARD, J.

{1} Lomos Altos, Inc. and Garden Path Associates (Applicants) submitted three applications to change the point of diversion and purpose of use for their surface water rights in Valencia County to groundwater rights in Sandoval County. The State Engineer conducted a hearing on the applications. Although Protestants argued that the applications should be denied, the State Engineer...

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