N.M. Admin. Code § 19.25.2.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.25.2.9 - DOCKETING AND STANDING

A. WRD transmittals. WRD shall transmit timely for hearing by aggrieved applicants and any timely protests to an application to the ALU for filing with the hearings unit through a request to docket the matter for hearing.

B. Timeliness. An aggrieval by the applicant to initial action taken by the WRD on an application and any protest to an application must be timely filed.

(1) Aggrieved applications. An aggrieved applicant must file a request for a hearing within 30 days of the date of receipt, by certified mail, of WRD's action on an application. If no request for hearing is filed with the WRD within 30 days, the state engineer's findings, decision or action taken through the WRD shall be conclusive.

(2) Protests to applications. Protests to an application must be filed on or after the date of the first publication of notice of application and before the close of business on the tenth day after the last date of publication. Only persons filing a timely protest may participate at hearing with the applicant and ALU. Motions to intervene are disallowed and shall be rejected by the hearings unit.

C. Request to docket a hearing. The ALU will file a request to docket a proceeding within a reasonable amount of time of its receipt of a request for hearing transmitted by the WRD. The ALU pleading shall:

(1) request that the hearings unit administrator issue a notice of scheduling conference that identifies a hearing examiner, and sets the date for the scheduling conference;

(2) state the grounds, if any, to extend or delay the hearing, including but not limited to, prior pending hearings, or ongoing settlement negotiations among parties to the hearing;

(3) include background documents to the hearings unit administrator such as a copy of the application, publication materials, written protests accepted by the WRD, and other relevant information that the ALU determines may be useful for docketing a proceeding; and

(4) provide a list of parties entitled to notice of the proceedings.

D. Compliance orders. A respondent named in a compliance order may request a hearing on the alleged violations, pursuant to the procedures set forth in 19.25.2.23 NMAC.

E. Special procedure for standing of protestant upon docketing. The standing of protestants may be challenged by the applicant, WRD, or the hearing examiner at any point once an application has been docketed by the hearings unit: Upon such challenge, the protestant shall be required:

(1) if alleging impairment to the protestant's water right, to provide evidence of a valid existing water right, including but not limited to, the protestant's OSE water right file number(s) or if there is no OSE file number, then a description of the affected water right(s) that specifies the place and purpose of use, amount of water placed to beneficial use, point of diversion and the water source (aquifer or stream) by name, and priority date; or

(2) if alleging conservation or public welfare issues, to provide evidence that the protestant will be substantially and specifically affected by the granting of the application.

N.M. Admin. Code § 19.25.2.9

19.25.2.9 NMAC - N, 8-30-2013