The decision of the district court shall be binding on the state engineer who shall thereafter act in accordance with such decision unless within sixty days after the entry of such decision or judgment of the district court, an appeal shall be taken from the decision of the said district court. Appeals so taken shall be governed by the provisions of Chapter 43 of the Session Laws of 1917 relating to appeals taken from final judgments of the district court. A certified copy of the decision of the court, together with all original papers, maps, plats, field notes and other data transmitted by the state engineer to such court after the final determination of said cause shall be forthwith returned to said state engineer.
History: Laws 1907, ch. 49, § 65; Code 1915, § 5723; Laws 1923, ch. 28, § 3; C.S. 1929, § 151-175; 1941 Comp., § 77-603; 1953 Comp., § 75-6-3.
ANNOTATIONSCompiler's notes. — Laws 1917, ch. 43, referred to in this section, is deemed superseded by the Rules of Appellate Procedure. See Rule 12-101 NMRA et seq.
Cross references. — For the state engineer, see 72-2-1 NMSA 1978.
Time of filing notice of appeal. — Although a notice of appeal by the state engineer was filed within the time provided in this section, it was not filed within the time provided by the Rules of Appellate Procedure. The appeal was therefor untimely and the court was without jurisdiction to hear it. However, having jurisdiction of an appeal filed by other parties, and there being no prejudice to the parties, the state engineer's motion to be added as a party appellant was granted. Ensenada Land & Water Ass'n v. Sleeper, 1988-NMCA-030, 107 N.M. 494, 760 P.2d 787, cert. quashed, 107 N.M. 413, 759 P.2d 200.
Service of notice, formerly. — Prior to 1923 amendment, notice of filing of petition for removal of appeal pending before commissioners, upon failure to act within ninety days, and application for certiorari, did not have to be served upon interested parties prior to issuance of writ, but only twenty days before pleading required, where service was made in county in which cause was pending. Orosco v. Gonzales, 1914-NMSC-038, 19 N.M. 130, 141 P. 617.
Appeals from district court. — Appeals from the district court arising out of objection to a state engineer permit to transfer water rights under Section 72-7-3 NMSA 1978 are governed by Rule 12-201 NMRA rather than this rule. Town of Silver City v. Scartaccini, 2006-NMCA-009, 138 N.M. 813, 126 P.3d 1177.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 629 et seq.
Right of public officer or board to appeal from a judicial decision affecting his or its order or decision, 117 A.L.R. 216.
93 C.J.S. Waters § 203.