New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 2 - HEARINGS UNIT PROCEDURES › Section 19.25.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in this rule have
				  the same meaning as set forth in NMSA 1978, Chapter 72. The use of a masculine
				  pronoun to refer to individuals is for grammatical convenience and is intended
				  to be gender neutral.
A.
				"Administrative litigation unit" or "ALU" means that division of the OSE
				designated to provide legal counsel to and legal representation of the water
				rights division ("WRD") in administrative hearings and to represent the state
				engineer in judicial proceedings.
B. "Aggrieved applicant" means an applicant
				whose unprotested application has been acted on by the WRD without hearing, and
				who disagrees with the action or decision and files a timely request for a
				hearing on the merits of the application.
C. "Applicant" means a person who has filed
				an application involving the beneficial use of water with the OSE.
D. "Alternative dispute resolution ("ADR")
				officer" means that person appointed or designated by the state engineer to
				facilitate settlement or alternative resolutions of disputed matters pending
				before the hearing unit.
E.
				"Compliance order" means a written administrative directive issued on the
				authority of the state engineer pursuant to NMSA 1978, Section
				72-2-18
				that states the specific nature of an alleged violation of a state
				engineer-issued permit, license or order, or any statute, regulation, or court
				order subject to administration by the state engineer; and that requires
				compliance by the respondent within a specified time period.
F. "Docket" means the hearings unit's record
				containing the date of entry of a case, its numerical designation, and the
				calendar of those cases awaiting action through the hearing process.
G. "Ex parte communication" means a
				communication regarding substantive issues between a party to a matter pending
				before the hearings unit and the hearing examiner or state engineer, without
				all other parties being present or having received prior notice of such
				communication.
H. "Hearing" means a
				formal proceeding or hearing before the state engineer or his hearing examiner.
				This rule governs the following three types of hearings:
(1) "compliance hearing" that provides a
				person named in a compliance order an opportunity to respond to or contest the
				alleged violation of law or order;
(2) "aggrieved application hearing" that
				provides an aggrieved applicant an opportunity to be heard on the merits of the
				application; or
(3) "protested
				application hearing" that provides an applicant whose application has been
				protested and any protestant an opportunity to be heard on the merits of the
				application, including whether it will be detrimental to the objector's water
				right or otherwise result in impairment to existing water rights, be contrary
				to the conservation of water within the state, or detrimental to the public
				welfare of the state.