Tri-State Generation & Transmission Assn., Inc. v. D’Antonio

The issue on appeal before the Supreme Court in this case was whether NMSA 1978, Section 72-2-9.1 (2003), provided a constitutional delegation of authority for the Office of the State Engineer to adopt new regulations to administer water resources according to administrative interim priority determinations based on a number of factors. The district court and Court of Appeals concluded that it did not and that the State Engineer’s lawful authority to supervise water allocations could be exercised only on the basis of licenses issued by the State Engineer and adjudications in court. Upon review, the Supreme Court reversed and held that the Legislature delegated lawful authority to the State Engineer to promulgate the challenged water administration regulations. Furthermore, the Court held that the regulations were not unconstitutional on separation of powers, due process, or vagueness grounds. View "Tri-State Generation & Transmission Assn., Inc. v. D'Antonio" on Justia Law