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SB 336: CREATE DISTRICT WATER COURTS

An Act Relating To The Courts; Creating District Water Courts; Providing For Additional Judgeships In The First, Third And Eleventh District Courts; Providing For An Additional Judgeship In A Further Judicial District; Making Appropriations.

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MOD SB 336
CREATE DISTRICT WATER COURTS

Legislative URL:
SB 336 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SJC
Action:
[3] SJC/SFC-SJC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
Fiscal Impact Report
Summary

This bill declares that it is the intent of the legislature that district water courts be established in all of the judicial districts of the state.

 

It requires that district water courts be established in the first, third and eleventh judicial districts, with one additional judge in each district, and another at the direction of the Supreme Court in a judicial district with a substantial caseload of water cases where another civil district judge is needed.

 

The judges of the district water courts shall not be subject to peremptory challenges pursuant to Section 38-3-9 NMSA 1978 (peremptory challenge to a district judge) when presiding over water cases.

 

The district water courts will hear all cases relating to water in the judicial district, as well as other civil cases, and shall give priority to water cases. Upon taking office, a district water court judge must devote substantial time to the study of water law and other water-related subjects, especially as that study relates to the arid western regions of the United States.

 

A temporary provision provides that the additional district judgeships will be filled by appointment by the governor. Otherwise, district water court judges will be nominated, appointed and elected in the same manner as other district judges.

 

The following amounts are appropriated from the General Fund, for expenditure in fiscal year 2016, for salaries and benefits and furniture, supplies and equipment for the additional district judges and support staff as follows:

$350,000 to the First Judicial District Court;

$350,000 to the Third Judicial District Court;

$250,000 to the Eleventh Judicial District Court; and

$350,000 to the Administrative Office of the Courts

 

A possible benefit of this bill might be that the additional judges, in courts that are specifically designated as water courts, may expedite more prompt and thorough review of water issues by the district courts of New Mexico.