Application of Brown

On Motion for Rehearing

LUJAN, Chief Justice.

Counsel for plaintiffs (appellees) have moved for rehearing. He urges that the State Engineer lacked jurisdiction to approve the change in well location here involved. This contention was refuted in our opinion where we held that an unauthorized change in location prior to hearing does not oust the State Engineer of jurisdiction to approve such change after notice and hearing if he finds that existing rights will not he impaired thereby. It necessarily follows then that the State Engineer did have jurisdiction to grant the permit in question.

Appellee…