N.M. Sup. Ct. Order No. S-1-AO-2025-00017

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

September 4, 2025 2

NO. S-1-AO-2025-00017 3

IN THE MATTER OF THE 4

REORGANIZATION OF THE NEW 5

MEXICO WATER COURT STRUCTURE 6

PROVISIONAL ORDER 7

WHEREAS, this matter came on for consideration upon the Court’s own 8

motion to reorganize the water court structure in New Mexico; 9

WHEREAS, New Mexico’s current water court system, established 10

collectively by Supreme Court Order Nos. 04- 8110 (January 27, 2004), 04-8110 11

(June 4, 2004), and 05-8100 (February 28, 2005), provides for the designation of a 12

water law judge in each of New Mexico’s thirteen judicial districts, and calls for the 13

development of a mandatory water law education program to train judges, special 14

masters, and court staff in water law matters; 15

WHEREAS, New Mexico’s thirteen judicial districts are not coterminous 16

with New Mexico’s stream systems; 17

WHEREAS, specialized technical, legal, and case management training for 18

water law judges is critical to the efficient and just resolution of water cases; 19

WHEREAS, it appearing to the Court that it would be in the best interests of 20

judicial economy and the timely and effective adjudication of water cases if a new 21

Filed

Supreme Court of New Mexico

9/4/2025 9:06 AM

Office of the Clerk

water court structure were established in New Mexico, and the Court having 1

considered the foregoing and being sufficiently advised, Chief Justice David K. 2

Thomson, Justice Michael E. Vigil, Justice C. Shannon Bacon, Justice Julie J. 3

Vargas, and Justice Briana H. Zamora concurring; 4

NOW, THEREFORE, IT IS ORDERED that, pursuant to the superintending 5

control of the Supreme Court and the authority of the Chief Justice under Article VI, 6

Sections 3 and 15, of the Constitution of the State of New Mexico, a new water court 7

structure is hereby adopted for New Mexico and Supreme Court Order Nos. 04-8110 8

(January 27, 2004), 04-8100 (June 4, 2004), and 05-8100 (February 28, 2005) are 9

hereby WITHDRAWN; 10

IT IS FURTHER ORDERED that the new water court structure shall be 11

divided geographically into three water regions that encompass, to the greatest extent 12

feasible, one or more distinct stream systems in each region; 13

IT IS FURTHER ORDERED that Water Region 1 (WR1) shall encompass 14

the First, Second, Eleventh, and Thirteenth Judicial Districts; Water Region 2 (WR2) 15

shall encompass the Third, Sixth, and Seventh Judicial Districts; and Water Region 16

3 (WR3) shall encompass the Fourth, Fifth, Eighth, Ninth, Tenth, and Twelfth 17

Judicial Districts, as reflected on the map attached hereto and incorporated herein by 18

reference; 19

1 IT IS FURTHER ORDERED that the Supreme Court shall appoint five

2 district court judges to serve as water judges in the three water regions: one to preside

3 over WR1, two to preside over WR2, one to preside over WR3, and one to serve as

4 an alternate;

5 IT IS FURTHER ORDERED that the Hon. Bryan P. Biedscheid shall serve

6 as the judge for WR1, the Hon. Manuel Arrieta and the Hon. Jarod K. Hofacket shall

7 serve as the judges for WR2, the Hon. Dustin K. Hunter shall serve as the judge for

8 WR3, and the Hon. Erin B. O’Connell shall serve as the alternate water judge;

9 IT IS FURTHER ORDERED that the appointed water judges shall serve and

10 continue to preside over the water cases assigned to them pursuant to this Order until

11 a successor may be appointed by order of the New Mexico Supreme Court;

12 IT IS FURTHER ORDERED that the provisions of Rule-1-088.1 NMRA and

13 NMSA 1978, Section 38-3-9 (1985) shall not apply to the appointed water judges,

14 and a water judge assigned to a water case may not be excused by a party except

15 under Article VI, Section 18 of the New Mexico Constitution;

16 IT IS FURTHER ORDERED that one Court of Appeals Judge and one

17 Supreme Court Justice shall volunteer to be the water law liaison for their respective

18 courts, and if there are no volunteers, the Chief Judge of the Court of Appeals and

19 Chief Justice shall designate a water law liaison for their respective courts;

IT IS FURTHER ORDERED that the water judges shall hear cases that 1

implicate or invoke NMSA 1978, Sections 72-1-1 to 72-20-103 (1907, as amended 2

through 2024), or NMSA 1978, 73- 1-1 to 73-20-19 (1931, as amended through 3

2025); administrative appeals from the Office of the State Engineer pursuant to 4

Section 72-7-1; and cases that may result in significant impairment of a water right 5

under Section 72-12-28. The OSE shall retain its administrative authority under the 6

current water code, including hearing petitions for new appropriations or authorizing 7

changes to existing water rights under Sections 72-5-1 to -39; 8

IT IS FURTHER ORDERED that Supreme Court Order No. 17- 8500-DS 9

shall continue to control water r ights adjudications in state courts, and Hon. James 10

J. Wechsler (ret.) shall continue to preside over water rights adjudications filed under 11

Section 72-4-15 in the First, Third, Fifth, Eleventh, and Thirteenth Judicial District 12

Courts; 13

IT IS FURTHER ORDERED that Hon. Jarod K. Hofacket shall continue to 14

preside over the Animas Underground Basin water rights adjudication in the Sixth 15

Judicial District Court pursuant to Supreme Court Order No. 20-8500-DS; 16

IT IS FURTHER ORDERED that appointed water judges shall hear water 17

cases in addition to all matters on their regular dockets, with water cases to receive 18

the same priority as juvenile and children’s court matters; 19

1 IT IS FURTHER ORDERED that a court clerk will be assigned to each of the

2 water regions to oversee the filing and administrative case management of the water

3 cases for their designated region;

4 IT IS FURTHER ORDERED that all water cases shall be filed in the district

5 court of the county in which the disputed waters or point of diversion is situated and

6 the clerk of that court shall thereafter direct the water case to the water clerk in the

7 appropriate water region;

8 IT IS FURTHER ORDERED that the case number generated in the judicial

9 district where the dispute originates shall be retained, while the case caption of all

10 pleadings filed in water cases shall reflect the new water region as a suffix to the

11 case caption using the format (WATER REGION X). A sub case type shall be

12 applied to the case record indicating “Water Region X”;

13 IT IS FURTHER ORDERED that the five appointed water judges, and the

14 designated water liaisons from the Court of Appeals and the Supreme Court, shall

15 annually attend water law training identified by the Court Education Institute; and

16 IT IS FURTHER ORDERED that the water judges shall earn a minimum of

17 seven (7) continuing water law legal education credits annually, including, but not

18 limited to, credit(s) related to education in the areas of tribal water law and/or water

19 rights in New Mexico; and

IT IS FURTHER ORDERED that the reorganized water court structure, as set 1

forth in this order, shall be effective October 1, 2025. 2

IT IS SO ORDERED. 3

WITNESS, the Honorable David K. Thomson, Chief 4

Justice of the Supreme Court of the State of New Mexico, 5

and the seal of said Court this 4th day of September, 2025. 6

Region 1

Region 3Region 2