JUDICIAL DEVELOPMENTS

July 2007

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New Mexico’s District Court Limits and Conditions State Engineer’s Use of Active Resource Management Regulations
Tri-State Generation, et al. v. John D’Antonio, Jr., New Mexico State Engineer

On May 16, 2007, the Seventh Judicial District Court of the State of New Mexico (Seventh District) issued a memorandum decision in which it concluded that the New Mexico State Engineer overstepped his statutory authority when he adopted the Active Water Resource Management regulations (AWRM), which sought, inter alia, to determine the elements of a water right for purposes of administration prior to the completion of an Adjudication and during the pendency of a water rights adjudication.