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MATTER OF APPLICATION NO. 0436-A INTO 3841

No. 7799.

686 P.2d 269 (1984)

101 N.M. 579

In the Matter of APPLICATION NO. 0436-A INTO 3841 TO CHANGE POINT OF DIVERSION AND PLACE AND PURPOSE OF USE OF SURFACE WATERS. Howard M. SLEEPER and Hayden and Elaine Gaylor, Applicants-Appellants, v. ENSENADA LAND & WATER ASSOCIATION, et al., Protestants-Appellees, and Steve Reynolds, New Mexico State Engineer, Respondent.

Court of Appeals of New Mexico.

August 7, 1984.

Attorney(s) appearing for the Case

Neil C. Stillinger, Sarah M. Singleton, Singleton Law Offices, Santa Fe, for applicants-appellants.

Richard Rosenstock, Chama, William Keller, Santa Fe, for protestants-appellees.

OPINION

DONNELLY, Chief Judge.

Appellants Howard M. Sleeper and Hayden and Elaine Gainer (applicants) appeal from an order of the district court denying their motion to dismiss an appeal taken to that court from an administrative decision of the state engineer.

The issue presented on appeal is whether a district court has subject matter jurisdiction under NMSA 1978, Section 72-7-1, to hear an appeal de novo from an administrative decision of the...

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