John Larson Mountain Mail Article (note next to last pararagraph, quote from Gov. Richardson)

San Augustin Water Coalition (SAWC) board meeting August 11, Datil Fire Dept. [Agenda]

Legal Process

10/28/08 - Carol Pittman supplied the following info:

"If I plan to speak at the hearing when it is scheduled by the Office of the State Engineer, do I have to notify all the other protestants of my intention to present my protest?"

I can't fully answer this question yet because no scheduling order has been issued. All protesters should receive a notice within a few months informing them of the date and time of a "prehearing conference" and asking them to pay $25.00 each (one-time payment) to pay for the hearing. At or soon after this prehearing conference, the hearing examiner should issue a scheduling order that will establish various deadlines, such as discovery and motions deadlines, and a hearing date (or dates).

At the hearing, APR will bear the burden of proving its case, which is 1) there is unappropriated water, 2) their new appropriation will not impair existing water rights and is 3) consistent with public welfare and (4) not contrary to conservation of water.

After APR puts on their case, all the protesters will have the right to put on their case, which could require a long time given the number of protesters.

The OSE will also provide testimony (either for APR's application, against it, or for it with conditions), which may come before or after APR.

I would imagine every protester who desires to put on a case will have to provide notice of their intent at some point, and then the hearing examiner would have to schedule the order in which each protester present their cases. I don't know at this time whether you'll have to provide notice to everyone. Although special rules might be adopted in this case, you usually have to mail a copy of any paper, e.g., motions, you file with the hearing examiner to all other parties in the case.

09/18/09 Win in Broe water grab fight - implications for Augustin

09/15/08 Comment from Attorney Bruce Frederick:

The first hearing for the Augustin Plains Ranch LLC application at the NM Office of State Engineer will not occur for a long while--months. This first hearing will only be in front of a hearing examiner and only deal with procedural issues. It will not address the protests themselves.

09/15/08 Comment from Attorney Bruce Frederick re fees:

The $25 is OSE's fee for participation in the whole "hearing process," which will likely consists of a number of hearings over the years. The types of hearings will likely include the following:

1. Scheduling hearings, where the hearing examiner (with input from the parties) decides such things as when experts are identified and their reports due, what fact witnesses will be called, when "dispositive motions" must be filed, when "discovery" ends, etc.

2. Hearing on motions.

3. Hearing on the evidence, which will look a lot like a trial. This is the real deal where the witnesses are called and testify. There may be a separate hearing where the parties submit their closing arguments.

$25 buys your right to participate in the whole process. OSE should not ask anyone for any more money. The Office of the State Engineer will notify you individually of the hearing. You will then send to the OSE at whatever address they tell you the $25 fee to fully participate in the protest process.