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F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Cervantes

 

DATE TYPED:

03/16/03

 

HB

960/aHJC

 

SHORT TITLE:

Time for Water Compliance Order Finalization

 

SB

 

 

 

ANALYST:

Chabot

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

Office of the State Engineer (OSE)

 

SUMMARY

 

     Synopsis of HJC Amendment

 

The House Judiciary amendment to House Bill 960 restates Section 72-2-18.D NMSA to improve the wording.  It requires OSE to notify an individual of an alleged violation by certified mail, return receipt requested.  If a settlement is not reached within 30 days of the receipt, the compliance order will be considered a final order unless a hearing has been requested. 

 

     Synopsis of Original Bill

 

House Bill 960 amends Section 72-2-18 NMSA 1978.  STATE ENGINEER—ENFORCEMENT—COMPLIANCE ORDERS—PENALTY by striking subsection D and inserting the requirement for the State Engineer to give notice by certified mail, return receipt requested, to the person named in a compliance order for an alleged violation.  The individual will have 30 days to informally contest to the alleged violation and request a hearing.  If settlement is not reached with 30 days, the compliance order will be considered a final order unless a hearing has been requested.  The State Engineer will not enforce the order until it is final or until a decision has been reached after the administrative hearing.

 

 

 

     Significant Issues

 

OSE analysis is that current statutes do not put any time period for response to compliance orders.  The bill “will improve the timely resolution of such matter to the benefit of the state and other water users.  This is especially important during a drought; that is, the question of illegal water use will be more expeditiously resolved.  Enactment will force the State Engineer to more expeditiously resolve compliance actions.”

 

GAC/njw