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Rodey lawyers negotiated a strategy
for resolving a dispute involving a client's
residential subdivision. A neighboring property
owner failed to attend public hearings on the
project before the County Commission, but then
convinced the Attorney General's Office that
there was not sufficient water for the project
based on an advisory opinion issued by the Water
Conservation Bureau of the State Engineer's Office.
This opinion was refuted by three independent
professional hydrologists. Based on this negotiated
strategy, the project was again scheduled for
a hearing before the County Commission. This
time the hearing was on the sole issue of water
availability. Rodey coordinated with a team of
hydrologists to present its client's case. After
hearing the evidence, the County Commission determined
that there was sufficient water for the project.
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Rodey lawyers represented owners of property
and water rights historically used for mining.
The owners applied to the State Engineer to transfer
the water rights from mining use to use in a
residential subdivision. A local neighborhood
association protested the transfer on various
grounds, including allegations that the water
rights had never been put to use in the declared
amount and, alternatively, that the water rights
had been abandoned or forfeited. Case preparations
involved extensive discovery focusing on the
use of water in over a century of mining operations.
Following three days of hearing with fact as
well as expert witnesses, the State Engineer
granted the requested transfer in the amount
requested.
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Rodey lawyers have supported local government
leaders and community groups by providing assistance
and expertise on water issues, e.g., by participating
in "think tanks," testifying at public
hearings, and providing technical assistance
at events (such as a town hall to develop a community
consensus about the strategy for achieving a
sustainable water supply for the Gallup area).
In addition, Rodey lawyers have actively supported
local and statewide organizations concerned about
New Mexico's water issues. For example, Rodey
lawyers have participated in the Business Water
Task Force, the water committee of the Association
of Commerce and Industry, and the statewide town
hall sponsored by New Mexico First in 2002 (as
well as the follow-up implementation team), each
of which supported or recommended specific legislative
actions relating to water that have been passed
into law. |
