October 2011

On Thursday, October 13, 2011, the New Mexico Supreme Court heard oral arguments in two cases challenging the state statutes on domestic wells.  The cases essentially challenge the Constitutionality of several state statutes that mandate that the Office of the State Engineer approve applications for domestic wells.  The second related case argues that under the prior appropriation doctrine, domestic wells should be assigned a priority date.  Currently, they are not assigned a priority date.  The debate affects farmers, tribes, and other owners of old and senior water rights as domestic wells have proliferated.  The impact of domestic wells on the overall supply of water has also increased as drought conditions have become more prevalent. read more

On Thursday, October 6, 2011, Jerome Block Jr. submitted his resignation of his seat on the New Mexico Public Regulation Commission.  The resignation becomes effective at 3:00 p.m. on Friday, October 7.  The resignation was the result of a plea agreement that was reached between Block and state prosecutors over the misuse of campaign funds, and other felony charges.  Governor Susana Martinez will appoint a replacement to finish Block's term, which runs through December 31, 2012.  Eighty-seven applicants filed an application for the $90,000 per year position by Wednesday, October 5, 2011, the deadline established by the Governor.  There is no deadline by which Governor Martinez is required to make the appointment.  The conviction of Block and numerous legal and ethical problems by several commissioners over the past several years have led law makers and others to look at establishing minimum qualifications to hold the position. read more

New Mexico's State Engineer, John D'Antonio, announced on Tuesday, October 4, that he would be resigning from his job as the state's top water official and would be taking a job with his former employer, the Army Corps of Engineers.  D'Antonio has served as the State Engineer since being appointed by Governor Bill Richardson in 2003.  D'Antonio has been the center of numerous long running water-rights settlements, several of which have involved Navajo water-rights settlements along the San Juan River and those involving water rights on the Lower Rio Grande.  D'Antonio will remain in the position for 30 days while Governor Susana Martinez appoints a replacement.  Any appointment must be approved by the State Senate. read more