Fellows v. Shultz

OPINION

SISK, Justice.

Appellants protested an application filed by appellees with the State Engineer for a change of location of a water well, in accordance with the provisions of § 75-11-7, N.M.S.A.1953, as amended in 1967. The constitutionality of this statute is challenged by both appellants and the State Engineer. The trial court entered judgment for appellees on the merits of their application, but because the constitutional question is determinative it is not necessary to consider the additional points asserted on appeal.

We must first determine whether § 75-11-7, supra, is constitutional…