MEMORANDUM OPINION
MECHEM, District Judge.
The plaintiff corporation, managed by Thomas Allen, took an assignment of Federal Oil & Gas Lease No. NM-12257 containing about 1,720 acres, which were located entirely within the high water line of McMillan Reservoir, Eddy County, New Mexico.
The lease contains a Bureau of Reclamation restriction which prohibits drilling below the 3,270-foot contour line, which is 300 feet above the high water line...
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