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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

Cervantes

DATE TYPED

2/9/04

HB

573

 

SHORT TITLE

State Engineer Water Rights Hearing Changes

SB

 

 

 

ANALYST

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

See Narrative

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

LFC Files

 

No Responses Received From

Office of the State Engineer

Office of the Attorney General

 

SUMMARY

 

Synopsis of Bill

 

House Bill 573  proposes to change existing law governing Office of the State Engineer water rights hearings as follows:

 

1.                  Non-substantive, simplification language is offered for clarification purposes.

 

2.                  If necessary, hearing examiners shall, not only be knowledgeable of water law and administrative procedures, but shall be knowledgeable of hydrology or water engineering.

 

3.                  The hearing will be conducted in “general” accordance with the Rules of Civil Procedure for the District Courts.

 

4.                  The standard for filing an objection or protest (against granting a application) will be a showing on the part of the objector that his/her rights will be “substantially and specifically” impaired. 

 

 

 

Significant Issues

 

The few substantive changes being proposed are consistent with other hearing / administrative proceeding laws throughout the state’s statutory framework. 

 

FISCAL IMPLICATIONS

 

House Bill 573 does not contain an appropriation.  Potentially, the bill could lead to lengthier hearings as applicants and protesters seek to meet the more definitive standards being set.  However, having an established evidentiary standard and objection / standing standard should ultimately lead to a more streamlined process.  Further, an established evidentiary standard and objection standard should result in more consistent and fair examiner decisions, and in fewer, narrowed appeals.

 

SJM/yr