Protect New Mexico

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SB 313: WATER RIGHT REVIEWS, HEARINGS & COURT VENUE

An Act Relating To Water; Amending Sections Of Chapter 72 Nmsa 1978; Providing Right To De Novo Review; Providing For Expedited Determination Of Water Rights; Providing For District Court Venue; Providing For Appeals.

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MOD SB 313
WATER RIGHT REVIEWS, HEARINGS & COURT VENUE

Legislative URL:
SB 313 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SCONC
Action:
[3] SCONC/SJC-SCONC API.
Issue(s):

Companion Bills

Bills:
WATER RIGHT REVIEWS, HEARINGS & COURT VENUE

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
Fiscal Impact Report

Related Events

Upcoming:
Summary

This bill requires the state engineer, in adopting regulations and codes and issuing orders in the course of his duties, to protect the constitutional rights of prior appropriation and beneficial use, to protect the constitutional right to de novo review by the district court and to minimize the cost and delay to water rights owners.

 

It also provides that hearings on proposed regulations and codes must be held in the district that is most convenient to the persons most affected, except for matters that apply statewide, which will continue to be held in Santa Fe. And it requires that every regulation, code or order issued by the state engineer is subject to full de novo review by the district court.

One benefit of this bill might be that it will help clarify the extent of the authority of the OSE, avoid unnecessary litigation, and minimize costs and delays related to water rights issues. Another might be that it could help protect older water rights that are “first in time, first in right.”