Kelley v. Carlsbad Irrigation District

The motion for leave to file second motion for rehearing is denied; however, upon consideration of the motion, the opinion heretofore filed is withdrawn and the following substituted therefor.

OPINION

CHAVEZ, Justice.

Appellants, State Engineer of New Mexico and Carlsbad Irrigation District, have appealed from the trial court’s ruling directing the State Engineer to approve the application of C. M. Kelley, appellee, to change his point of diversion from the Hondo River and to appropriate waters of the Roswell Artesian Basin. The State Engineer had previously denied appellee’s application and, on…