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HEADEN v. D'ANTONIO

No. 28,695.

253 P.3d 957 (2011)

2011-NMCA-058

Charles F. HEADEN, Petitioner-Appellant, v. John D'ANTONIO, Jr., P.C., State Engineer and The Office of the State Engineer of New Mexico, Respondents-Appellees.

Court of Appeals of New Mexico.

April 19, 2011.

Attorney(s) appearing for the Case

Fitch & Tausch, LLC, Thomas G. Fitch , Socorro, NM, Jones & Smith, LLC, J. Brian Smith , Albuquerque, NM, for Appellant.

New Mexico Office of the State Engineer, DL Sanders, Chief Counsel, Jonathan E. Sperber , Special Assistant Attorney General, Santa Fe, NM, for Appellees.

OPINION

KENNEDY, Judge.

{1} Appellant Charles Headen (Headen) filed an application with Appellees Office of the State Engineer and State Engineer John D'Antonio (collectively OSE) to change the point of diversion and place and purpose of use of water rights he claims to possess in Socorro County, New Mexico. Prior to the administrative hearing, Headen filed a declaratory judgment action in district court to establish the validity of his water...

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