N.M. R. Civ. P. Dist. Ct. 1-071.5

As amended through November 1, 2024

Rule 1-071.5 - Statutory stream system adjudication suits; excusal or recusal of a water judge

Each water judge in each judicial district, including judges assigned to stream system adjudications, whether judges pro tempore or sitting judges, are designated by the chief justice of the Supreme Court. Paragraph E of Rule 1-088 NMRA applies and water judges cannot be excused peremptorily. If there is an excusal for cause or a recusal, the chief justice shall reassign the water right matter to another designated water judge.

N.M. R. Civ. P. Dist. Ct. 1-071.5

Provisionally approved by Supreme Court Order No. 07-8300-13 for one year, effective 6/13/2007; provisionally approved by Supreme Court Order 08-8300 for one additional year, effective 6/9/2008; provisionally approved by Supreme Court Order No. 09-8300-015, for one additional year, effective 6/9/2009; provisionally approved by Supreme Court Order No. 10-8300-020, for one additional year, effective 6/8/2010; approved by Supreme Court Order No. 11-8300-027, effective for new and pending cases on or after6/8/2011.

Committee commentary. - This rule clarifies the applicability of Paragraph E of Rule 1-088 NMRA to water judges. Judges designated by the Supreme Court cannot be peremptorily excused.

ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-027, effective June 8, 2011, ended the practice of annually, provisionally approving the rule and applied the rule to new and pending cases on or after June 8, 2011.