Kelley v. Carlsbad Irrigation District

Motion for rehearing is denied but we take this opportunity to clarify one question and, therefore, withdraw the opinion heretofore filed and substitute the following:

NOBLE, Justice.

The state engineer has appealed from a judgment of the district court reversing his decision denying appellee, Kelley, a permit to change the point of diversion of a water right.

The determination of this appeal turns on the scope of review by the district court. The statute, § 75-6-1, N.M.S.A.1953, providing for review of a decision of the state engineer, reads in part:

“Any applicant or other party dissatisfied…