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IN RE WATERFALL COMMUNITY WATER USERS ASS'N

No. 28,049.

216 P.3d 270 (2009)

2009-NMCA-101

In the Matter of the Application by WATERFALL COMMUNITY WATER USERS ASSOCIATION for Permit to Appropriate Public Surface Waters from Culberson Spring Located in New Mexico Waterfall Community Water Users Association, Applicant-Appellant, v. New Mexico State Engineer, Appellee, and Mel Elkins, Protestant-Appellee.

Court of Appeals of New Mexico.

July 28, 2009.

Attorney(s) appearing for the Case

Burroughs & Rhodes, Jefferson R. Rhodes, Alamogordo, NM, for Appellant.

New Mexico Office of the State Engineer, DL Sanders, Special Assistant Attorney General, Susanne Hoffman-Dooley, Special Assistant Attorney General, Santa Fe, NM, for Appellee.

Holt Babington Mynatt, P.C., David McNeill, Jr., Las Cruces, NM, for Appellee.

OPINION

VANZI, Judge.

{1} Appellant, Waterfall Community Water Users Association (Waterfall), submitted an application for 320 acre-feet per year of surface water from Culberson Spring1 within the Pecos River stream system. Appellant argued that it possessed a natural right, pursuant to NMSA 1978, Section 72-5-29 (1953), to those waters. The State of New Mexico Office of...

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