State Ex Rel. Erickson v. McLean

LUJAN, Chief Justice.

Plaintiff as appellant before this court instituted this action in the district court for Chaves County alleging therein that the defendant was illegally irrigating certain land situated in said county from an artesian well in the Roswell Artesian Basin, and praying for injunctive relief.

The defendant by his answer denied all the material allegations of the complaint and the issues so drawn were whether a valid right existed in the defendant to irrigate the land in question and whether he was applying the said water to a beneficial use.

The case was tried to the court…