NMELC, Current Cases.


Augustin Plains Ranch water rights application


Location: Catron County near Datil

Opposing Parties: Augustin Plains Ranch, LLC

Initiation Date: 2008

Status: On-going

Clients/Partners: Gila Conservation Coalition, ranchers

Attorneys: Douglas Meiklejohn, Jaimie Park



Issues:

The New York-based company seeks to pump 54,000 acre-feet of water annually through thirty-seven 20” wells. The Law Center represents approx. 80 individuals and organizations in this case; our clients are concerned about the impacts of pumping on their water, on wildlife, springs, and on the Rio Grande and Gila Rivers, which are hydrologically connected to the San Augustin Plains—and which is the last undammed river in the Southwest.

Latest News:

9/12/2016 - NMELC files motion in 7th Judicial District Court to reopen the case.

8/15/2016 - Augustin Plains Ranch announced that the Ranch’s amended application to obtain the rights to 54,000 acre-feet of water is under consideration by the Office of the State Engineer.

08/12/2015 - NMELC files Response in Opposition to Augustin Plains Ranch LLC’s Motion to Dismiss and Remand to State Engineer.

12/23/2014 - Augustin Plains Ranch files third application.

11/25/2014 - State Engineer rejects Augustin Plains Ranch’s second application and gave the Ranch thirty days to file a corrected application.

10/29/2014 - NM Supreme Court denies petition.

09/22/2014 - NMELC files Petition for Writ for clients asking the NM Supreme Court to order the State Engineer to dismiss a massive speculative water appropriation application from Augustin Plains Ranch, LLC.

08/19/2014 - Court of Appeals dismisses Augustin Plains Ranch LLC’s appeal “in light of the fact that Appellant has filed a new application that replaces and supercedes the prior application, the present appeal is moot.”

08/01/2014 - Brief Demonstrating that Appeal is Not Moot filed in the Court of Appeals

01/22/2013 - Augustin Plains Ranch, LLC files Notice of Appeal

01/03/2013 - Order from the 7th Judicial District Court that dismisses the Ranch’s appeal. The Ranch now has 30 days to file another appeal in the Court of Appeals.

11/14/2012 - Memorandum opinion on motion for summary judgement upholding the State Engineer’s order denying application.

09/12/2012 - NMELC files reply in support of upholding the State Engineer’s order.

07/26/2012 - NMELC files memorandum in support of upholding the State Engineer’s order denying application and dismissing this appeal.

04/09/2012 - Augustin Plains Ranch LLC files appeal

03/30/2012 - New Mexico State Engineer denies Augustin Plains Ranch LLC’s water rights application.

12/05/2011 - Hearing scheduled for February 7th, 2012 in Socorro.

05/13/2011 - NMELC files Protestants’ Reply to Augustin Plains Ranch LLC’s Responses regarding Motion to Dismiss.

04/29/2011 - NMELC files Response in Opposition to Augustin Plains Ranch’s Motion for Stay.

02/11/2011 - NMELC files Motion to Dismiss application.

11/09/2010 - Hearing Officer requested a brief to be filed on February 11th. Oral arguments will be heard on May 20th.

10/18/2010 - There will be a scheduling meeting on November 9th in Socorro, NM. The meeting is meant to finalize calendaring of the hearing with the State Engineer.

06/01/2010 - Those protesting the application by Augustin Plains Ranch LLC have until June 28th to pay a $25 fee to the New Mexico Office of the State Engineer to be involved in the matter.

Case Files:

09/12/2016 - Motion to reopen the case

08/12/2015 - Response in Opposition to Motion to Dismiss and Remand

09/22/2014 - Petition to NM Supreme Court

08/19/2014 - Court of Appeals’ order dismissing Ranch Appeal

08/01/2014 - Brief Demonstrating that Appeal is Not Moot

01/03/2013 - Order Affirming State Engineer’s Denial of Augustin Plains Ranch’s application.

11/14/2012 - Memorandum Decision on Motion for Summary Judgement

09/12/2012 - Reply in Support of Protestants Motion.

07/26/2012 - Memorandum in Support of Protestants’ Motion.

03/30/2012 - State Engineer Application Denial Order

05/13/2011 - Protestants’ Reply to Augustin Plains Ranch LLC’s Responses Regarding Motion to Dismiss.

04/29/2011 - Response in Opposition to Augustin Plains Ranch’s Motion for Stay.

02/11/2011 - Filed Motion to Dismiss.