Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us). Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR	Sanchez, M		DATE TYPED	2/12/04		HB
SHORT TITLE		State Engineer Water Rights Hearing Changes				SB	383/aSFl#1
					ANALYST		Wilson

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY04	FY05	FY04	FY05
			NFI

SOURCES OF INFORMATION

LFC Files

Responses Received From

State Engineer’s Office (SEO)

SUMMARY

Synopsis of SFl Amendment #1

The Senate Floor Amendment #1 removes the requirement that any person, firm or corporation or other entity objecting to the granting of an application must show substantial and specific impairment in order to have standing.

Synopsis of Original Bill

Senate Bill 383 amends the law to eliminate the currently mandatory requirement that hearing examiners appointed by the SEO be knowledgeable in “water engineering” and requires instead hearing officers to have knowledge of “water engineering or hydrology”, but only “if necessary”.

This bill clarifies that administrative hearings shall generally be conducted in accordance with the Rules of Civil Procedure.

This bill states that the objections of protestants of water rights applications must describe specifically how the granting of the application will substantially impair the protestant’s water right in order for the protestant to have standing. State government entities would remain substantially exempt from this standing requirement.

Significant Issues

In order to have standing, protestants must show specifically that the granting of a water rights application by the SEO will substantially impair the protestant’s existing water right. State-government protestants objecting to the granting of the application because it would be contrary to conservation of water, or detrimental to public welfare, would continue to be exempt from this standing requirement.

The SEO believes this bill will help water rights applicants by eliminating non-substantive or frivolous protests to water rights applications, and thus expediting the water rights permitting process.

FISCAL IMPLICATIONS

By helping to expedite the water rights permitting process, enactment of SB 383 may reduce the costs of the hearing process.

ADMINISTRATIVE IMPLICATIONS

Enactment of SB 383 would help water rights applicants by eliminating non-substantive or frivolous protests to water rights applications, thus expediting the water rights permitting process. By helping to expedite the water rights permitting process, enactment of SB 383 may reduce the costs of the hearing process.

DW/yr:dm