HB 201: STATE ENGINEER APPEALS TO DISTRICT COURT

An Act Relating To Water; Providing For Direct Appeal To The District Court For Certain Decisions Or Actions By The State Engineer.

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MOD HB 201
STATE ENGINEER APPEALS TO DISTRICT COURT

Legislative URL:

HB 201 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

- OTHER -

Action:

[5] HAGC/HJC-HAGC [25] DNP-CS/DP-HJC [39] DP/a - PASSED/H (64-0) [40] SJC API.

Issue(s):

Water Quality & Supply

Related Legislators

Bill Sponsor:

Kelly Fajardo

Related Documents

Downloads:

Introduced
HAGC Committee Report
HAGC Committee Substitute
HJC Committee Report
Final House Vote
Fiscal Impact Report

Summary

Current law provides the general rule that an appeal from a decision entered by the State Engineer cannot be made to the District Court until the State Engineer has held a hearing and entered a decision. It entitles an aggrieved party to request a hearing within 30 days of the decision. This bill amends that law to provide an exception. Under the bill, an applicant who is aggrieved by the decision or action of the State Engineer on an application that was not protested may appeal directly to the District Court or may request a hearing. If the application was protested, the aggrieved applicant must still request a hearing to which the applicant is entitled before appealing to the District Court.

The bill also provides that a “decision” or “action” by the State Engineer does not include an order to hold a hearing or a referral of the matter to mediation or alternative dispute resolution.

The HAGC adopted a Committee Substitute for the original bill on February 15, 2013. The substitute provides that in the case of applications that were not protested and for which the State Engineer did not hold a hearing, an aggrieved applicant may request either (i) a hearing by the State Engineer, or (ii) that the State Engineer authorize the aggrieved applicant to appeal directly to the District Court. The State Engineer will authorize a direct appeal to the District Court if doing so would “materially advance the ultimate termination of the proceeding.” If the State Engineer does not authorize a direct appeal, a hearing will be held.

One possible concern with the bill might be that appeals to the District Court may be more costly and time consuming that an administrative hearing and it may take longer to have the appeal scheduled than an administrative hearing. A concern with the substitute bill might be that it no longer addresses the options available to an aggrieved applicant or other party when there was no hearing on a protested application.

Outcome: HB 201 passed the House (64-0) and died in the House Judiciary Committee.

Date of Summary:  1/23/13; Updated 2/16/13; Updated 5/16/13