TRI-STATE GENERATION v. D'ANTONIO

No. 30,797.

249 P.3d 924 (2007)

2011-NMCA-014

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., and New Mexico Mining Association, Petitioners-Appellees, v. John D'ANTONIO, Jr., State Engineer of New Mexico, Respondent-Appellant.

Court of Appeals of New Mexico.

August 31, 2007.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Sunny J. Nixon , James P. Bieg , Edward Ricco , Santa Fe, NM, for Appellee Tri-State Generation and Transmission.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Mark K. Adams , Santa Fe, NM, for Appellee New Mexico Mining Association.

Gary K. King , Attorney General Stephen R. Farris , Assistant Attorney General, Frances C. Bassett , Assistant Attorney General Santa Fe, NM, for New Mexico Office of the State Engineer.

DL Sanders , Special Assistant Attorney General, Santa Fe, NM, Sutin, Thayer & Browne, Paul Bardacke , Special Assistant Attorney General, Peter S. Kierst , Special Assistant Attorney General, C. Shannon Bacon , Special Assistant Attorney General, Albuquerque, NM, for Appellant.


OPINION

PICKARD, Judge.

{1} Respondent, the New Mexico State Engineer (State Engineer), seeks to appeal the district court's order reversing portions of the State Engineer's Active Water Resource Management (AWRM) regulations on the basis that some of the regulations are unconstitutional. At issue is whether the State Engineer should have sought review by our Court by filing a petition for writ of certiorari...

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