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Thursday, July 24, 2008

N.M. Engineer Appeals Ruling on Domestic Well Law


Associated Press
       SANTA FE — New Mexico State Engineer John D'Antonio has appealed a recent district court decision that found the state's domestic well law unconstitutional.
    D'Antonio said in a news release that he appealed the decision to the state Court of Appeals on Thursday because laws enacted by the Legislature are presumed to be constitutional. The appeal was needed to ensure that the legal basis of the law is fully deliberated, the release said.
    During the appeal the state engineer's office will continue to accept domestic well applications and process them, D'Antonio said.
    A spokeswoman with the state engineer's office did not immediately return a phone call seeking comment.
    State District Judge J.C. Robinson ruled earlier this month in Silver City that the state engineer can't treat domestic well applications differently than other types of water rights applications.
    He also found the state domestic well law violates the right of senior water rights holders to due process.
    If Robinson's ruling stands, it could be more difficult and time consuming for someone building a home in a rural area to get a permit to drill a well.
    The ruling means applications to drill domestic wells would have to be advertised in the newspaper, reviewed by state engineer staff and could be protested.
    Robinson's ruling applies only within the Sixth Judicial District, which includes Grant, Hidalgo and Luna counties.

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