In re Appeals of George R. Durand

This case involves an order of the state engineer denying an application to change point of diversion. An appeal was taken to the district court where new evidence was introduced and the court entered its own findings and conclusions reversing the state engineer. From this action the appeal to this court has been perfected. Several points are argued by appellants. However, it would serve no useful purpose to discuss any of them inasmuch as it is clear that the procedure followed is identical with that considered by us in Kelley v. Carlsbad Irrigation District, N.M., 379 P.2d 763. It does not appear that the trial court gave any consideration to the question of whether the state engineer's action was within the scope of his authority, fraudulent, arbitrary, capricious, supported by substantial evidence, or based upon an error of law.