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DURAND v. REYNOLDS

No. 7597.

406 P.2d 817 (1965)

in the Matter of the Appeals of George R. DURAND and Joe D. Durand, Application Nos. RA-4016 and RA-4017, Appellees, v. S.E. REYNOLDS, State Engineer of New Mexico, and Carlsbad Irrigation District, Appellants.

Supreme Court of New Mexico.

October 11, 1965.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Santa Fe, Charles D. Harris, Sp. Asst. Atty. Gen., Roswell, for appellant S.E. Reynolds, State Engineer.

Stagner, Sage, Walker & Estill, Carlsbad, for appellant Carlsbad Irr. Dist.

William M. Siegenthaler, Artesia, Donald Brown, Roswell, for appellees.

CARMODY, Chief Justice.

Applicants-appellees, successors to certain adjudicated water rights in the Nine-Mile Draw area of Chaves County, New Mexico, filed an application with the state engineer "TO SUPPLEMENT SURFACE WATER WITH SHALLOW GROUND WATER AND/OR TO CHANGE PARTIAL POINT OF DIVERSION FROM SURFACE TO SHALLOW GROUND WATER." The source of applicants' water right in the Nine-Mile Draw area is springs fed by seepage from a shallow ground water acquifer of the...

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