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BASS ENTER. PROD. v. MOSAIC POTASH CARLSBAD

Nos. 28,746, 28,747.

238 P.3d 885 (2010)

2010-NMCA-065

BASS ENTERPRISES PRODUCTION COMPANY, Respondent-Appellant, and The Patsy Mills Baker GST Trust, The Patsy Mills Baker 2005 GST Trust, The Jimmy Mills GST Trust, The Jimmy Mills 2005 GST Trust, The Brett Everett Longley Trust, and The William Joseph Longley Trust, Intervenors-Appellants, v. MOSAIC POTASH CARLSBAD INC., Intervenor-Petitioner. Devon Energy Production Company, L.P., Respondent-Appellant, v. Mosaic Potash Carlsbad Inc., Intervenor-Petitioner.

Court of Appeals of New Mexico.

Certiorari Denied, June 21, 2010, No. 32,407.

Certiorari Denied, June 21, 2010, No. 32,408.

Attorney(s) appearing for the Case

Holland & Hart, LLP, William F. Carr , Michael H. Feldewert , Larry J. Montano , Ocean Munds-Dry , Jacqueline Davis , Kristina Elena Martinez , Santa Fe, NM, for Appellants Bass Enterprises Production Company and Devon Energy Production Company, L.P.

Hinkle, Hensley, Shanor & Martin, L.L.P., Andrew J. Cloutier , Roswell, NM, for Appellants Patsy Mills Baker GST Trust, et al.

Comeau, Maldegen, Templeman & Indall, LLP, Joseph E. Manges , Santa Fe, NM, Kemp Smith LLP, Charles C. High, Jr. , Clara B. Burns , El Paso, TX, for Appellee Mosaic Potash Carlsbad Inc.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Larry P. Ausherman , Adam H. Greenwood , Albuquerque, NM, for Intervenor-Petitioner Intrepid Potash-New Mexico LLC.

OPINION

ROBLES, Judge.

{1} The issue before us in this appeal is whether the New Mexico Oil Conservation Commission (OCC) properly denied two Applications for Permits to Drill (APDs) oil and gas wells in Eddy County, New Mexico. The APDs were filed by Bass Enterprises Production Company (Bass) and Devon Energy Production Company, L.P. (Devon) (collectively, Applicants) and were opposed by Mosaic Potash Carlsbad Inc. (Mosaic). Applicants appealed...

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