McGee v. State Ex Rel. Reynolds
This text of 380 P.2d 195 (McGee v. State Ex Rel. Reynolds) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The State Engineer appeals from a judgment of the district court of Eddy County reversing his decision denying appellees’ application for an extension of time within which to make application of surface waters from the Pecos River to beneficial use under license number 746.
The scope of review is brought into question. The record merely discloses that the State Engineer denied the application February 18, 1958 without any hearing whatsoever. The applicants then appealed the decision of the engineer to the district court where additional evidence was submitted by various witnesses from which the court reached a contrary conclusion. Judgment was entered accordingly and this appeal followed.
We fully treated the extent and scope of review by district courts in our recent case, Kelley v. Carlsbad Irrigation District and Pecos Valley Artesian Conservancy District, N.M., 379 P.2d 763, in which we said that the district court in reviewing the decision of the State Engineer is not permitted under the statute, Section 75-6-1, N.M.S.A.1953 Comp., to hear new or additional evidence. On authority of this case, the judgment must be reversed in order that the trial court may correctly review the order of the State Engineer.
The cause will be remanded to the district court to vacate the judgment and proceed in a manner not inconsistent herewith.
IT IS SO ORDERED.
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Cite This Page — Counsel Stack
380 P.2d 195, 72 N.M. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-state-ex-rel-reynolds-nm-1963.