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TOWN OF SILVER CITY v. SCARTACCINI

No. 25,159.

126 P.3d 1177 (2005)

2006-NMCA-009

In the Matter of the Application by the Town of Silver City for Permit to Change Location of Well and Place and Purpose of Use of Groundwater in the Gila-San Francisco Underground Water Basin in New Mexico TOWN OF SILVER CITY and ExxonMobil Corporation, Applicants/Appellees, and New Mexico Office of the State Engineer, Appellee, v. James E. Scartaccini, Protestant/Appellant.

Court of Appeals of New Mexico.

December 5, 2005.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Tim De Young, Albuquerque, for Appellees Town of Silver City and ExxonMobil Corporation.

Office of the State Engineer, DL Sanders, Special Assistant Attorney General, Jonathan E. Sperber, Special Assistant Attorney General, Santa Fe, for Appellee State Engineer.

William A. Walker, Jr., P.C., William A. Walker, Jr., Las Cruces, for Appellant.

OPINION

SUTIN, J.

{1} This appeal arises out of objections to the issuance by the State Engineer of a permit to transfer water rights followed by an appeal to the district court by the objecting party that was dismissed for lack of standing.

BACKGROUND

{2} In April 2000 ExxonMobil Corporation (Exxon) and the Town of Silver City, New Mexico (Town) filed a joint application (the Application) with the New Mexico State Engineer for a permit...

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