Conflict Management & Acequia Enforcement PowerPoint Presentation, PPT - DocSlides

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

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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

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Easement Violations

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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

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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”

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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

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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”

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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

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The Civil Suit Process: Documents, Filing Deadlines, Fees

Slide16

Initial Steps Involving Acequia Suits

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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

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The Civil Complaint

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Civil Complaint: Failure to Pay Assessments

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Civil Complaint: Easement Violation

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Civil Complaint: Interference/Illegal Water Use

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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

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