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1 MCNEILL V. RICE ENGINEERING & OPERATING, INC., 2006-NMCA-015, 139 N.M. 48, 128 P.3d 476 WILLIAM F. MCNEILL, MARILYN CATES, and THE BLACK TRUST, Plaintiffs-Appellants, v. RICE ENGINEERING AND OPERATING INC., RICE OPERATING COMPANY, HOBBS SALT WATER DISPOSAL SYSTEM, whose General Partner is RICE OPERATING COMPANY, et al., Defendants-Appellees.
Docket No. 25,213 COURT OF APPEALS OF NEW MEXICO 2006-NMCA-015, 139 N.M. 48, 128 P.3d 476 November 22, 2005, Filed APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, Gary L. Clingman, District Judge Certiorari Denied, 2006-NMCERT-002, No. 29,504, February 1, 2006. Released for publication February 14, 2006. COUNSEL James P. Lyle, Law Offices of James P. Lyle, P.C., Albuquerque, NM, Turner W. Branch, Branch Law Firm, Albuquerque, NM, Robert Trenchard, Royce Hoskins, Trenchard & Hoskins, L.L.P., Kermit, TX, for Appellants Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, NM, John M. Caraway, McCormick, Caraway, Tabor & Riley, LLP, Carlsbad, NM, Franklin H. McCallum, Midland, TX, for Appellees JUDGES JONATHAN B. SUTIN, Judge. WE CONCUR: A. JOSEPH ALARID, Judge, CYNTHIA A. FRY, Judge AUTHOR: JONATHAN B. SUTIN OPINION

SUTIN, Judge. {1} Appellees' motion for rehearing filed November 1, 2005, is denied. The formal opinion filed in this appeal on October 21, 2005, is withdrawn and this opinion is filed in its stead. {2} This is the second appeal arising from a dispute over the disposal of salt water generated from oil and gas drilling. See McNeill v. Rice Eng'g & Operating, Inc., 2003-NMCA-078, 133 N.M. 804, 70 P.3d 794. Salt water is a waste product from oil and gas drilling operations. It is disposed of in wells used to reinject the water into geological formations comparable to those from which the product originated. Plaintiffs, the appellants in this appeal, are owners of, and

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