Pecos Valley Artesian Conservancy Dist. v. Peters

BRICE, Chief Justice.

This action in equity was brought by the appellant to enjoin the appellee from irrigating land by the use of water from a well drilled by him that tapped the Roswell Artesian basin.

This is a second appeal of the case. See. the same case, 50 N.M. 165, 173 P.2d 490, 505.

It is alleged substantially by appellant that appellee drilled a well that drew water from the Roswell Artesian Basin, and with the water from such well irrigated about 28S acres of land, without any permit from the State Engineer. That there was at the time this well was completed, and at the time this suit…