After hearing, appeal of the state engineer’s decision may be taken by a party to a district court of the state, pursuant to NMSA 1978, Section 72-7-1, and other applicable laws of the state.

1. A. Time for filing notice of appeal. Any applicant or other party dissatisfied with the decision of the state engineer shall serve a notice of appeal within 30 days after receipt by certified mail of notice of the state engineer’s decision, in accordance with the requirements of NMSA 1978, Section 72-7-1. The filing of a request for reconsideration by any party shall not operate to toll or otherwise delay the time for filing an appeal as set forth by statute.
2. B. Transmittal of record. Upon being served with a notice of appeal, the hearings unit administrator shall provide counsel for the state engineer a certified copy of the administrative hearing record for transmittal to and filing with the district court in accordance with NMSA 1978, Section 72-7-2.

[19.25.2.31 NMAC - N, 8-30-2013]