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<br />1",1', '; ;:: Q 'i <br />UULUG. <br /> <br />!i~ <br />".,.,<,: <br />~r:y <br /> <br />necessary until about the year 2030, After that date the City <br /> <br />would be required to acquire and retire valid existing surface <br /> <br />water rights to offset its effects resulting from ground water <br /> <br />pumpage, <br /> <br />As was expected, the authority of the State Engineer to <br /> <br />impose such conditions on permits to, appropriate ground water <br /> <br />was challenged, In 1962 the New Mexico Supreme Court affirmed <br /> <br />that authority in City of Albuquerque v,Reynolds 71 N,M. 428, <br /> <br /> <br />379 P.2d 73, The Supreme Court stated that: "The mere fact that <br /> <br />the territorial legislature in the water code dealt only with <br /> <br />surface waters and therein gave the territorial engineer certain <br /> <br />jurisdiction over these waters does not, as argued by the city, <br />(~*'~ imply a legislative intention that subsequent statutes dealing <br />wi th underground waters are to be looked upon and treated <br /> <br />entirely separate and apart as though dealing with two entirely <br />different subjects. The jurisdiction and duties of the state <br /> <br />engineer with reference to streams and underground waters are <br /> <br />the same. They each relate to public waters subject to use by <br /> <br />prior appropriators, <br /> <br />There does not exist one body of <br /> <br />substantive law relating to appropriation of stream water and <br /> <br />another body of law relating to appropriation of underground <br /> <br />water, <br /> <br />The legislature has provided somewhat different <br /> <br />administrative procedure whereby appropriators' rights may be <br /> <br />secured from the two sources but the substantive rights, when <br />obtained, are identical." (71 N,M, at 437,) <br /> <br />9 <br />