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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO LION’S GATE WATER, 3 Petitioner-Appellant, v. NO. 33,595 JOHN R. D’ANTIONIO, JR., STATE ENGINEER FOR THE STATE OF NEW MEXICO, 8 Respondent-Appellee.

9 APPEAL FROM THE DISTRICT COURT OF GRANT COUNTY J. C. Robinson, District Judge Robert S. Simon Albuquerque, NM for Appellant Office of the State Engineer Jonathan E. Sperber, Special Assistant Attorney General Santa Fe, NM for Appellee 18 MEMORANDUM OPINION FRY, Judge.

1 {1} Summary dismissal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal has been filed, and Appellant filed a memorandum in support of this Court’s proposed summary disposition.

5 {2} DISMISSED.

6 {3} IT IS SO ORDERED.

7 __________________________________ 8 CYNTHIA A. FRY, Judge WE CONCUR:

10 _________________________________ JONATHAN B. SUTIN, Judge

12 _________________________________ M. MONICA ZAMORA, Judge