Rule 1-071.5.Statutory stream system adjudication suits; excusal or recusal of a water judge

Last amended June 8, 2011 · Last verified June 26, 2026

In one sentenceRule 1-071.5 provides that water judges are designated by the chief justice and cannot be excused peremptorily; on excusal for cause or recusal the chief justice reassigns the matter.

Full Text of Rule 1-071.5

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Each water judge in each judicial district, including judges assigned to stream system adjudications, whether judges pro tempore or sitting judges, are designated by the chief justice of the Supreme Court. Paragraph E of Rule 1-088 NMRA applies and water judges cannot be excused peremptorily. If there is an excusal for cause or a recusal, the chief justice shall reassign the water right matter to another designated water judge.

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Rule History

[Provisionally approved by Supreme Court Order No. 07-8300-013 for one year, effective June 13, 2007; provisionally approved by Supreme Court Order 08-8300 for one additional year, effective June 9, 2008; provisionally approved by Supreme Court Order No. 09-8300-015, for one additional year, effective June 9, 2009; provisionally approved by Supreme Court Order No. 10-8300-020, for one additional year, effective June 8, 2010; approved by Supreme Court Order No. 11-8300-027, effective for new and pending cases on or after June 8, 2011.]

Committee Commentary

This rule clarifies the applicability of Paragraph E of Rule 1-088 NMRA to water judges. Judges designated by the Supreme Court cannot be peremptorily excused.

Plain-English Summary

This rule governs who hears water cases. Each water judge in each judicial district, whether a judge pro tempore or a sitting judge, is designated by the chief justice of the Supreme Court. Under Paragraph E of Rule 1-088, water judges cannot be excused peremptorily; if there is an excusal for cause or a recusal, the chief justice reassigns the water-right matter to another designated water judge.

Frequently Asked Questions

Can a water judge be peremptorily excused?

No. Water judges are designated by the chief justice and cannot be excused peremptorily; on an excusal for cause or a recusal, the chief justice reassigns the matter to another designated water judge.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-071.5 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: water judgeexcusal of water judgerecusalperemptory excusal