Feb
20
New Mexico Exempt Well Case Appeal: 22 February 2010
February 20, 2010 | Posted by Michael "Aquadoc" Campana
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In July 2008 I posted about the Bounds decision in which a state judge in New Mexico struck down that state’s law allowing the drilling of domestic wells without a permit or water right – so-called ‘exempt’ wells. The ruling applied only to Luna, Hidalgo, and Grant counties in the southwest portion of the state.
Although it applied only to three counties, it was quite a stunning decision, not just in New Mexico, but throughout the West.
The case is finally coming before the New Mexico Court of Appeals, which will hear an oral argument on 22 February 2010.
From Lora Lucero (via Leslie Kryder), Natural Resources Director of the League of Women Voters of New Mexico:
The New Mexico Court of Appeals will be hearing oral argument next Monday (Feb.22) at 2:00 pm which may interest planners and members of the public concerned about growth management issues.
In July 2008, the district court ruled that Sec. 72-12-1.1 (domestic well statute) is unconstitutional because the State Engineer believes the law required him to issue permits for domestic wells without notice to senior water rights holders, or without any consideration of impairment.
The State Engineer appealed that decision and the NM Association of Counties submitted an amicus brief that explains the disconnect between Sec. 72-12-1.1 and the counties’ responsibility to plan and manage future growth.
Both the district court decision and the amicus brief are attached.
The oral argument is open to the public. The court of appeals is located in Albuquerque behind the UNM School of Medicine, next to the School of Law.
Download FinalJudgment.Decision.Bounds
Download NMAC_amicus_brief_in_Bounds_case
I know I often say, ‘This will be interesting,’ but boy, will this REALLY be interesting! Although it applies to three small counties in New Mexico, a lot of people will be sticking their index fingers in the air to see which way the wind is blowing once a decision is rendered.
Some may also be sticking another finger in the air after the court hands down its decision.
“Sometimes you get, and sometimes you get got.* – Unknown
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