The decision, act or refusal to act of the state engineer shall be final in all cases unless appeal is taken to the district court within thirty days as provided by Section 72-7-1 NMSA 1978. In the event of appeal of a decision approving the application, no stay order shall issue; provided however, the court may, upon proper showing, require the giving of security by the applicant, in such sum as the court deems proper for the payment of such costs and damages as may be incurred or suffered by any person affected by the order, provided further, that for good cause shown to be recited in the order made, the court or judge may waive the furnishing of security.
History: Laws 1980, ch. 148, § 10.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
Structure New Mexico Statutes
Section 72-12A-1 - Short title.
Section 72-12A-2 - Purpose of act.
Section 72-12A-3 - Definitions.
Section 72-12A-4 - Right of replacement.
Section 72-12A-5 - Mine dewatering; jurisdiction of the state engineer.
Section 72-12A-6 - Mine dewatering prohibited; exceptions.
Section 72-12A-7 - Application for permit; plan of replacement; approval.
Section 72-12A-8 - Plan of replacement; standards for approval.
Section 72-12A-9 - Plan of replacement; implementation and maintenance; amendment.
Section 72-12A-10 - Appeal to the district court; procedure.
Section 72-12A-12 - Eminent domain; entry on lands; purpose.