A. In matters pertaining to the public waters of this state which are pending before the state engineer for administrative action, a party may take the testimony, by deposition on oral examination or written interrogatories, of any person including a party and any personnel of the state engineer's office, except the state engineer or his designated hearing examiner, and may request that the pending matter be set for an administrative conference before the state engineer in the manner and for the purposes established for discovery and for pretrial conferences by the Rules of Civil Procedure for the district courts of New Mexico.
B. As used in this section, "party" means the applicant, the protestant and the state.
History: 1953 Comp., § 75-2-12.1, enacted by Laws 1969, ch. 250, § 1.
Cross references. — For rule relating to pretrial conference, see Rule 1-016 NMRA.
For depositions and discovery, see Rules 1-026 to 1-037 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 327 et seq.
Structure New Mexico Statutes
Section 72-2-1 - Appointment; removal; qualifications; duties; office; private practice prohibited.
Section 72-2-2 - Assistants; salary.
Section 72-2-3 - [Oath of office; bond.]
Section 72-2-4 - Payment of accounts.
Section 72-2-5 - Annual report.
Section 72-2-6 - Fees; amount; disposition.
Section 72-2-7 - [Records to be public; certified copies as evidence.]
Section 72-2-9 - [Supervising apportionment of waters.]
Section 72-2-9.1 - Priority administration; expedited water marketing and leasing; state engineer.
Section 72-2-9.2 - Office of the state engineer; devices to measure river water.
Section 72-2-10 - [Legal advisers; duties.]
Section 72-2-11 - [Board of water commissioners abolished; pending appeals.]
Section 72-2-12 - Hearing examiners.
Section 72-2-13 - Depositions, written interrogatories and administrative conferences.
Section 72-2-14 - Subpoena power.
Section 72-2-16 - Hearings required before appeal.
Section 72-2-17 - Hearing; notice; conduct; record.
Section 72-2-18 - State engineer; enforcement; compliance orders; penalty.
Section 72-2-19 - Advanced mapping fund; created.
Section 72-2-20 - Notice of applications; online posting; notice by publication; objections.