HOUSE BILL 109

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Nate Gentry

AN ACT

RELATING TO WATER; PROVIDING FOR DIRECT APPEAL TO THE DISTRICT COURT OF CERTAIN DECISIONS OR ACTIONS BY THE STATE ENGINEER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 72-2-16 NMSA 1978 (being Laws 1965, Chapter 285, Section 4, as amended) is amended to read:

     "72-2-16. HEARINGS REQUIRED BEFORE APPEAL.--

          A. The state engineer may order that a hearing be held before [he] the state engineer enters a decision, acts or refuses to act.

          B. If, without holding a hearing, the state engineer enters a decision, acts or refuses to act on an application that has been protested, any person aggrieved by the decision, act or refusal to act is entitled to a hearing if a request for a hearing is made in writing within thirty days after receipt by certified mail of notice of the decision, act or refusal to act. If, without holding a hearing, the state engineer enters a decision or acts on an application that has not been protested, any person aggrieved by the decision or action of the state engineer may appeal the decision or action directly to the district court pursuant to Section 72-7-1 NMSA 1978 or may request a hearing in writing within thirty days after receipt by certified mail of notice of the decision or action. An order by the state engineer to hold a hearing under the provisions of Subsection A of this section does not constitute a decision or action by the state engineer under this subsection.

          C. Hearings shall be held before the state engineer or [his] the state engineer's appointed examiner. A record shall be made of all hearings. [No] Except as provided for in Subsection B of this section, an appeal shall not be taken to the district court until the state engineer has held a hearing and entered [his] a decision in the hearing."

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