Conflict Management & Acequia Enforcement PowerPoint Presentation, PPT - DocSlides

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Conflict Management & Acequia Enforcement PowerPoint Presentation, PPT - DocSlides - Assessment, Easement, Interference and Illegal Use of Water . Violations: Overview of Presentation. Internal Administrative Action. Discussion. Citation. Withholding water (Assessments). Withholding right to vote (Assessments).

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Conflict Management & Acequia Enforcement PowerPoint Presentation, PPT - DocSlides

    Slide1

    Conflict Management & Acequia Enforcement

    Slide2

    Assessment, Easement, Interference and Illegal Use of Water Violations: Overview of Presentation

    Internal Administrative Action

    Discussion

    Citation

    Withholding water (Assessments)

    Withholding right to vote (Assessments)

    Civil Complaint

    Assessment, Easement, and Interference Violations

    Criminal Complaint

    Easement and Interference Violations

    Slide3

    Collecting Assessments

    Slide4

    Progressive Enforcement:Internal actions for assessment violations

    Verbal Agreements

    First Citation: Stop Violation

    Second Citation: Penalty

    Authority:

    73-2-21

    Mayordomo oversees distribution of water, collection of fines, and labor assessments

    73-2-25, 73-3-6

    Withholding of water for failure to pay assessment for labor

    73-2-14, 73-3-3

    Withholding of vote for delinquent assessment

    73-2-25

    $100-$200 for continuing to use water after notice of failure to pay labor assessment

    Slide5

    Citation Form: Type of Violation

    Slide6

    Citation Form: Penalty

    Slide7

    Civil Action for Collection of Assessments

    73-2-26

    After due notice (e.g. citations)

    Failure to do work or failure to pay any amount assessed

    Civil action for amount assessed

    Mayordomo, superintendent, or ditch officials

    Magistrate or district court

    Attorneys fees if successful

    Continued use of water and failure to pay after judgment: $200 recoverable in magistrate court

    Slide8

    Easement Violations

    Slide9

    Examples of Easement Violations

    Building fences across acequias

    Building structures within the easement or across the acequia

    Blocking access to the acequia through a traditional point of access

    Slide10

    Progressive Enforcement:Internal actions for easement violations

    Verbal Agreements

    First Citation: Stop Violation

    Second Citation: Penalty - fine, penalty, damages or injunction in magistrate and/or district court

    Authority:

    73-2-5 (A) Definition of acequia easement violation

    “it is unlawful to interfere with [the] easement or prevent access to the ditch by the owner of the dominant estate

    as provided by law

    ”

    72-8-3. Interference with right-of-way

    “…it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the [ditch], or prevent

    convenient access

    thereto”

    Slide11

    Civil and Criminal Complaint: Easement Violations

    73-2-5 (B): Criminal complaint

    DA, mayordomo, or commission

    Magistrate court

    Misdemeanor $300-$1,000 (and/or)

    Up to 90 days imprisonment in county jail

    73-2-5 (C): Civil complaint

    DA, mayordomo, or commission

    Up to $5,000

    73-2-5 (D): Damages and Injunction

    DA, mayordomo, commission, or owner of dominant estate

    District court

    Slide12

    Interference with the Acequia and Illegal Use of Water

    73-2-64

    “A person shall

    not, contrary to the order of the mayordomo or commission,

    cut

    , beak, stop up or otherwise interfere

    with any community

    ditch or dam in this state, or

    lateral acequia

    thereof, or

    use water

    from the same

    contrary to such orders”

    Slide13

    Progressive Enforcement:Internal actions for interference and illegal use of water

    Verbal Agreements

    First Citation: Stop Violation

    Second Citation: Penalty – fine, penalty, damages or injunction in magistrate and/or district court

    Authority:

    73-2-64: “A person shall not…cut, beak, stop up or otherwise interfere with any community ditch…or lateral acequia thereof”

    73-2-64: “A person who violates [this section] is guilty of a misdemeanor”

    Slide14

    Criminal and Civil Complaint: Interference with the Acequia and Illegal Use of Water

    73-2-64 (B): Criminal complaint

    DA, mayordomo, or commission

    Magistrate court

    $300-$1,000

    Default: 5 -30 days in county jail

    73-2-64 (C): Civil complaint

    DA, mayordomo, or commission

    Up to $5,000

    “knowingly, intentionally, and willfully violating” statute

    73-2-64 (D): Damages and Injunction

    DA, mayordomo, or commission

    District court

    73-2-64 (E): Duty of mayordomo to prosecute unless DA chooses to prosecute

    Failure to prosecute is a misdemeanor

    $25-$50, or

    10-30 days in jail

    Slide15

    The Civil Suit Process: Documents, Filing Deadlines, Fees

    Slide16

    Initial Steps Involving Acequia Suits

    Slide17

    Step 1: File Complaint in Magistrate Court

    Document

    : Complaint

    2-103.(D) Form of complaint. 

    The complaint shall be in substantially the form approved by the court administrator and the supreme court.

    2-201. (A) How commenced.

    A civil action is commenced by filing with the court a complaint consisting of a written statement of a claim or claims setting forth briefly the facts and circumstances giving rise to the action.

    Filing Fee: $77 one-time fee

    Slide18

    The Civil Complaint

    Slide19

    Civil Complaint: Failure to Pay Assessments

    Slide20

    Civil Complaint: Easement Violation

    Slide21

    Civil Complaint: Interference/Illegal Water Use

    Slide22

    Step 2: Clerk dockets the complaintStep 3: Court issues summons and service packet to plaintiff for serviceDocument: Service Packet includes the summons, return of service, copy of complaint, answer formStep 4: Plaintiff responsible for serviceMay contact Sheriff’s Dept. and pay $25 fee or have someone 18 or older and who is not a party serve defendantDocument: Completed Return of Service filed with court by person who served defendantPlaintiff should contact the court to find out if defendant was served If Return of Service is not returned and filed with the court:judge will not take any actioncase could be delayed or dismissed

    Slide23

    The Summons and Return

    Slide24

    Step 5: Defendant may file an answer or responsive pleading within 20 days of receiving summons Document: Answer2-302. (B) The answer shall describe in concise and simple language the reasons why the defendant denies the claim of the plaintiff as well as any defenses he may have to the claim of the plaintiff.  or Defendant may file counterclaim against Plaintiff 2-302. (D) If the defendant possesses a claim or claims against the plaintiff at the time the action is begun, they may be asserted in the answer as a counterclaim or setoff. The facts and circumstances giving rise to the claim or claims must be briefly described, in the form of answer approved by the supreme court.   

    Slide25

    Counterclaim

    The Answer

    Slide26

    Step 6: Court may enter default judgment if defendant does not answer complaint within 20 days of receiving complaint,orIf, the defendant answers, the court may enter judgment based on the pleadings if there is no objection

    Slide27

    State Magistrate Court

    Some complaints may be filed either in magistrate or

    state district

    court, but district court may not allow parciantes to proceed without an attorney

    Claims greater than $10,000 cannot be heard in magistrate court

    Slide28

    Slide29

    Slide30

    Slide31

    Slide32

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