Aquifer Science, LLC v. Verhines

The New Mexico Court of Appeals upheld a district court’s denial of an application to appropriate water from the Sandia Underground Water Basin for a multiple use development that included residential, commercial, resort, golf course, and open space uses. The appellate court upheld the district court’s determination that the application was not consistent with conservation. Although the appellate court found that substantial evidence supported the conclusion that the applicant did not consider the impacts of climate change in its analysis of water demand and hydrology, the appellate court did not rely on this finding as a basis for affirming the conservation determination, writing that it would instead provide “the State Engineer and the Legislature the opportunity to provide guidance regarding climate change and conservation before it is judicially imposed.” The appellate court also found that substantial evidence supported the district court’s determination that the application would impair as many as 100 wells. The appellate court rejected the argument that the district court had improperly required the applicant to show it had land use authorization for the entire project.