A-1-CA-37737•April 15, 2020- Wildearth Guardians v. Tom Blaine, No. A-1-CA-37737
April 15, 2020- Wildearth Guardians v. Tom Blaine, No. A-1-CA-37737
A-1-CA-37737Nmctapp
Texte intégral
Corrections to this opinion/decision not affecting the outcome, at the Court’s discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 WILDEARTH GUARDIANS, 2 Petitioner-Appellant, 3 v. NO. A-1-CA-37737 4 TOM BLAINE, in his capacity as 5 New Mexico State Engineer, 6 Respondent-Appellee, 7 and 8 MIDDLE RIO GRANDE CONSERVANCY 9 DISTRICT, and U.S. BUREAU OF 10 RECLAMATION, 11 Real Parties in Interest. 12 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 13 Francis J. Mathew, District Judge 14 Samantha Ruscavage-Barz 15 Santa Fe, NM 16 for Appellant 17 Hector H. Balderas, Attorney General 18 Gregory C. Ridgley, Special Assistant Attorney General 19 Maureen C. Dolan, Special Assistant Attorney General 20 Santa Fe, NM 21 for Appellee 22 Court of Appeals of New Mexico Filed 4/15/2020 12:59 PM
2
Law & Resource Planning Associates 1
Charles T. DuMars 2
Tanya L. Scott 3
Albuquerque, NM 4
for Real Party In Interest 5
MEMORANDUM OPINION 6
VARGAS, Judge. 7
{1} Petitioner has appealed from an order denying its petition for writ of 8
mandamus. We previously issued a notice of proposed summary disposition in which 9
we proposed to affirm. Petitioner has filed a memorandum in opposition. After due 10
consideration, we remain unpersuaded. We therefore affirm. 11
{2} The relevant background has previously been set forth. We will avoid undue 12
reiteration here and instead focus on the content of the memorandum in opposition. 13
{3} First, Petitioner asserts that the district court’s denial of its petition for writ of 14
mandamus should be reviewed de novo, because questions of statutory interpretation 15
are presented. [MIO 2-3] We disagree. “Generally, the grant or denial of a petition for 16
writ of mandamus is reviewed for an abuse of discretion.” State ex rel. Stapleton v. 17
Skandera, 2015-NMCA-044, ¶ 5, 346 P.3d 1191. Although pure questions of statutory 18
interpretation are reviewed de novo, see id., “where, as here, the district court 19
exercised its discretion to deny the writ petition for prudential reasons . . . we review 20
the denial for an abuse of discretion.” Fastbucks of Roswell, N.M., LLC v. King, 21
2013-NMCA-008, ¶ 7, 294 P.3d 1287. “A district court abuses its discretion if its 223
decision is contrary to logic and reason, or if it exceeds the bounds of reason, all the 1
circumstances before it being considered.” Id. (internal quotation marks and citations 2
omitted). For the reasons set forth at greater length in the notice of proposed summary 3
disposition, we are not persuaded that this district court abused its discretion in this 4
case. 5
{4} We understand Petitioner to suggest that concerns relative to the scope and 6
nature of the authority of multiple federal and state governmental entities over the 7
water rights and permits at issue should be disregarded, on grounds that those 8
concerns were raised by only one of the parties, [MIO 3] and on grounds that those 9
concerns are “extraneous” to the issue or issues that Petitioner seeks to narrowly 10
define. [MIO 4-5] We disagree. The district court’s apparent recognition of the 11
complexity of the situation was prudent, provident, and entirely permissible. See 12
generally id. (recognizing that the district courts may exercise their discretion to deny 13
mandamus relief for prudential reasons). 14
{5} Petitioner also continues to argue that the specific statutory provision invoked 15
should be understood to establish a clear and undisputable duty on the part of the State 16
Engineer. [MIO 6-12] Petitioner offers a plausible interpretation of the specific 17
regulatory provision at issue; however, that is not the only possible interpretation. As 18
described in the notice of proposed summary disposition, the relevant statutory and 19
regulatory provisions are susceptible to one or more alternative interpretations which 204
would permit the Office of the State Engineer to elect among a variety of options, 1
apparently at his discretion. [CN 4-6] A mandamus action is not appropriate under 2
such circumstances. See generally Schein v. N. Rio Arriba Elec. Coop., 1997-NMSC- 3
011, ¶ 22, 122 N.M. 800, 932 P.2d 490 (“Relevant rights and duties must be 4
established before a writ of mandamus can issue.”); El Dorado at Santa Fe, Inc. v. Bd. 5
of Cty. Comm’rs, 1976-NMSC-029, ¶ 5, 89 N.M. 313, 551 P.2d 1360 (holding that 6
mandamus is not appropriate to “direct the performance of the particular act from 7
among two or more allowed alternatives”); Mimbres Valley Irrigation Co. v. Salopek, 8
2006-NMCA-093, ¶ 19, 140 N.M. 168, 140 P.3d 1117 (“[M]andamus is only 9
appropriate to compel an official to perform a duty if the duty is clear and 10
indisputable.”); Brantley Farms v. Carlsbad Irrigation Dist., 1998-NMCA-023, ¶ 23, 11
124 N.M. 698, 954 P.2d 763 (“Mandamus does not issue to control a discretionary 12
duty.”). 13
{6} To be clear, we do not take a position on the proper interpretation or application 14
of the various statutory and regulatory provisions that bear upon the underlying 15
matter. We merely conclude that the district court did not abuse its discretion in 16
denying the requested peremptory writ of mandamus, given the complexity of the 17
situation and the lack of clarity relative to the duty to perform as alleged. See State ex 18
rel. Black v. Aztec Ditch Co., 1919-NMSC-057, ¶ 6, 25 N.M. 590, 185 P. 549 (“The 19
duties which will be enforced by mandamus must be such as are clearly and 205
peremptorily enjoined by law, and where for any reason the duty to perform the act 1
is doubtful the obligation is not imperative and the applicant must pursue other 2
remedies.”). 3
{7} Accordingly, for the reasons stated above and in the notice of proposed 4
summary disposition, we affirm. 5
{8} IT IS SO ORDERED. 6
__________________________________ 7
JULIE J. VARGAS, Judge 8
WE CONCUR: 9
_________________________________ 10
JACQUELINE. R. MEDINA, Judge 11
_________________________________ 12
ZACHARY A. IVES, Judge 13Vous vous demandez comment ce texte s’applique à votre situation ?
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