Fourth Amended Case Fourth Amended Case Management Order Management Order Lower Rio Grande Basin Lower Rio Grande Basin Adjudication Adjudication Jerald A. Valentine Jerald A. Valentine Presiding Judge, Presiding Judge, Lower Rio Grande Adjudication Lower Rio Grande Adjudication
Need to Expedite Adjudications Need to Expedite Adjudications Pecos Adjudication filed 1956 Pecos Adjudication filed 1956 San Juan Adjudication filed 1972 San Juan Adjudication filed 1972 Lower Rio Grande Basin filed 1986 Lower Rio Grande Basin filed 1986
Due Process Due Process � Rules mainly to ensure due process. Rules mainly to ensure due process. � � Changes to rules naturally raise due Changes to rules naturally raise due � process concerns. process concerns. � But unique circumstances of Stream But unique circumstances of Stream � Adjudication justify changes in procedure. Adjudication justify changes in procedure.
Duties of State Engineer Duties of State Engineer Per Water Code: Per Water Code: Has general supervision of waters of the Has general supervision of waters of the state and of the measurement, state and of the measurement, appropriation, and distribution. appropriation, and distribution. Shall make hydrographic surveys and Shall make hydrographic surveys and investigations of each stream system investigations of each stream system
Courts must Adjudicate must Adjudicate Courts � 1907 Water Code Requires State 1907 Water Code Requires State � Engineer to file adjudication complaint in Engineer to file adjudication complaint in District Court for surface water. District Court for surface water. � 1931 Groundwater Code adds 1931 Groundwater Code adds � groundwater to the duties of the State groundwater to the duties of the State Engineer to manage the water resources Engineer to manage the water resources of the State of the State
Adjudications - - Who Controls Who Controls Adjudications � The State Engineer has generally The State Engineer has generally � determined the pace of litigation. determined the pace of litigation. � The Court must manage and control The Court must manage and control � the pace to expedite adjudications. the pace to expedite adjudications. � But, no specialized rules for Stream But, no specialized rules for Stream � Adjudications. Adjudications.
Terminology in the Case Terminology in the Case Management Order (CMO) Management Order (CMO) � Hydrographic Survey Hydrographic Survey � � General Adjudication Complaint General Adjudication Complaint � � Claimant’s Notice of Water Right Claim Claimant’s Notice of Water Right Claim � � Offer of Judgment Offer of Judgment � � Objection To State’s Offer of Judgment Objection To State’s Offer of Judgment � � Monthly Stream System Issue and Monthly Stream System Issue and � Expedited Inter Se Report Expedited Inter Se Report
Hydrographic Survey Hydrographic Survey � A field survey to identify who is using A field survey to identify who is using � water in the stream system. Required water in the stream system. Required by Water Code. by Water Code. � The survey reports on each water The survey reports on each water � right and identifies water users and right and identifies water users and their addresses. their addresses.
General Adjudication Complaint General Adjudication Complaint � The pleading that initiates the stream The pleading that initiates the stream � adjudication. adjudication. � It does not identify individual defendants It does not identify individual defendants � � Defendants are: “All those who claim a Defendants are: “All those who claim a � right to use the waters of the Lower Rio right to use the waters of the Lower Rio Grande Basin Stream System” Grande Basin Stream System”
Claimant’s Notice of Claimant’s Notice of Water Right Claim Water Right Claim A form response that Claimants make A form response that Claimants make after receiving the summons and after receiving the summons and General Adjudication Complaint General Adjudication Complaint
Offer of Judgment Offer of Judgment After completion of the hydrographic After completion of the hydrographic survey and an errors correction survey and an errors correction process, the State Engineer submits process, the State Engineer submits an Offer of Judgment to Claimant on an Offer of Judgment to Claimant on each element of the water right. each element of the water right.
Objection To State’s Offer of Objection To State’s Offer of Judgment Judgment Claimant’s response to Offer of Claimant’s response to Offer of Judgment. Judgment. Puts the water right in issue and Puts the water right in issue and initiates judicial action to determine initiates judicial action to determine the Water Right the Water Right
Monthly . . . Report Monthly . . . Report Lists notices and other filed Lists notices and other filed documents in lieu of actual service documents in lieu of actual service required by Rule 1- -005 NMRA for: 005 NMRA for: required by Rule 1 � Stream System Issues Stream System Issues � � Expedited Inter Se Proceedings Expedited Inter Se Proceedings �
Inter Se Proceedings Inter Se Proceedings � Disputes between Claimants after the Disputes between Claimants after the � water right owner and the State have water right owner and the State have resolved any disputes. resolved any disputes. � Typically, individual Inter Se Proceedings Typically, individual Inter Se Proceedings � do not commence until ALL ALL Claimants Claimants do not commence until have resolved their differences with the have resolved their differences with the State and the Court enters a Sub- -file order file order State and the Court enters a Sub
Expedited Inter Se Proceedings Expedited Inter Se Proceedings � An Inter Se proceeding that the court An Inter Se proceeding that the court � conducts BEFORE all sub- -file matters file matters conducts BEFORE all sub between the State and all Claimants between the State and all Claimants have been resolved. have been resolved. � These involve significant matters that These involve significant matters that � affect most Claimants. affect most Claimants.
Stream System Issue Stream System Issue Any issue, the resolution of which Any issue, the resolution of which could affect all or a significant could affect all or a significant number of claimants. number of claimants.
Rule 4 NMRA, Process - - 1 1 Rule 4 NMRA, Process E. (1) Process shall be served in a E. (1) Process shall be served in a manner reasonably calculated to manner reasonably calculated to apprise the defendant of the existence apprise the defendant of the existence and pendency pendency of the action and to of the action and to and afford a reasonable opportunity to afford a reasonable opportunity to appear and defend. appear and defend.
Rule 4 NMRA, Process - - 2 2 Rule 4 NMRA, Process � “ “K (1) Service by Publication shall be K (1) Service by Publication shall be � published in a manner most likely published in a manner most likely to give the defendant notice of the to give the defendant notice of the pendency of the action, of the action, pendency (2) and shall contain. . . (b) the (2) and shall contain. . . (b) the name of the defendant.” name of the defendant.”
Rule 4 NMRA, Process - - 3 3 Rule 4 NMRA, Process “J. Court may order service by any “J. Court may order service by any other method or combination of other method or combination of methods that is reasonably calculated methods that is reasonably calculated to apprise the defendant of the to apprise the defendant of the existence and pendency of the action existence and pendency of the action and afford a reasonable opportunity and afford a reasonable opportunity to appear and defend.” to appear and defend.”
Service of Process Service of Process Rule 1- -004 NMRA 004 NMRA Rule 1 1. Mail with Return Receipt 1. Mail with Return Receipt 2. Publication (Name of each party 2. Publication (Name of each party defendant identified). defendant identified).
CMO Changes to Rule 1- -004 004 CMO Changes to Rule 1 First Class Mail 1. First Class Mail 1. 2. Publication (individual names 2. Publication (individual names not listed) not listed) 3. Public Announcements 3. Public Announcements
Service of Filed Documents Service of Filed Documents Rule 1- -005 NMRA 005 NMRA Rule 1 Mail or deliver to other parties. Mail or deliver to other parties. Where “Unusually large number of Where “Unusually large number of defendants” Rule 1- -005 permits some 005 permits some defendants” Rule 1 modifications. modifications.
CMO Changes to Rule 1- -005 005 CMO Changes to Rule 1 For: Stream System Issues Proceedings For: Stream System Issues Proceedings Expedited Inter se Proceedings: Expedited Inter se Proceedings: � No mailing or delivery of filed No mailing or delivery of filed � documents documents � Service limited to listing on the Monthly Service limited to listing on the Monthly � Report. Report.
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