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SPONSOR: |
Cervantes |
DATE TYPED: |
|
HB |
960/aHJC |
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SHORT TITLE: |
Time for Water Compliance Order Finalization |
SB |
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ANALYST: |
Chabot |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
|
|
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NFI |
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|
|
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(Parenthesis
( ) Indicate Expenditure Decreases)
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.”