reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.12 - PERMITS FOR SCIENTIFIC STUDY OR PROPAGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state forester may also issue permits
				to take specimens for the purpose of conducting scientific studies that enhance
				understanding of the distribution of an endangered plant species, or will
				generate new knowledge in the genetic, anatomical, chemical, morphological,
				life history or in other relevant areas of research enhancing the understanding
				of the conditions required for survival of an endangered plant species; or for
				propagation activities that will enhance the survival of endangered plant
				species. If the state forester denies an application for a permit or issues a
				permit with conditions, the state forester shall provide the reasons for the
				denial or conditions in writing.
B.
				The state forester may deny applications for scientific study or propagation
				permits in locations where endangered plant survival is especially
				precarious.
C. Each person applying
				for a scientific study or propagation permit must demonstrate sufficient
				expertise to carry out the permitted activities in a competent manner. The
				following information may be used to support the request for a permit:
				education in botany or related area, field experience, collection numbers,
				accessions into a recognized herbarium, publications and recommendations from
				recognized authorities.
D. The
				permittee's or permittee's representative's signature on the permit
				acknowledges willingness to comply with all applicable laws, rules or
				regulations and permit conditions.
E. endangered plants for scientific study or
				propagation is not required for federal employees working within the lands of
				their jurisdiction, nor for activities on tribal trust or restricted fee lands
				or individual trust allotments.
F.
				A permittee may not transfer a scientific study or propagation permit without
				the state forester's written approval.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.13 - GENERAL PROVISIONS FOR SCIENTIFIC STUDY OR PROPAGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a permittee
				takes specimens pursuant to a scientific study permit, the permittee shall
				deposit at least one voucher specimen at either the university of New Mexico
				herbarium or New Mexico state university herbarium. When possible, the
				permittee shall take specimens in such a way as to not reduce the population
				(e.g., take a single stem from an herbaceous perennial, leaving the root
				intact, or other methods appropriate to the particular species).
B. The permittee or permittee's
				representative shall carry a copy of the scientific study or propagation permit
				at all times during the collection and transportation of endangered
				plants.
C. A scientific study or
				propagation permit for an endangered plant that is also listed under federal
				law must be accompanied by the United States department of the interior, fish
				and wildlife service recovery permit.
D. A scientific study or propagation permit
				does not extend to the permittee the privilege to trespass or enter on lands
				without the owner's permission. The permittee should contact the appropriate
				management agency or landowner before beginning studies or taking specimens on
				lands the permittee does not own or manage.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.14 - VOUCHER SPECIMENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				state forester may issue a permit to take endangered plant voucher specimens
				during botanical inventories and environmental surveys for the purposes of
				species verification and documentation of population sites.
B. Taking specimens for the sole purpose of
				exchange with other herbaria is prohibited.
C. The collection of voucher specimens shall
				make no long-term detrimental effect on the population. The permittee may take
				a maximum of three specimens, if the population is sufficient. If the
				population is very small and the taking of a single individual is detrimental,
				then the state forester may condition the permit so that the permittee may take
				only a fragment of an individual for voucher purposes.
D. The permittee shall deposit at least one
				specimen of the three taken from each locality at the university of New Mexico
				herbarium or New Mexico state university herbarium. The permittee may send
				duplicates to the western New Mexico university herbarium, government agency
				collections within New Mexico or herbaria in other states that are formally
				listed in index herbariorum. The label affixed to each specimen shall contain
				information on collection location, description of the habitat, collector's
				name, date of collection and estimated size of the population.
E. To assist in the identification and
				preservation of endangered plant species in New Mexico, permittees shall report
				all permitted collections of voucher specimens to the state forester by
				December 31 of each year. The report shall contain the voucher specimen label
				information and the place or places of deposition of specimens.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.15 - PERMIT APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
The state forester shall only issue a permit if the
				  application meets the applicable requirements in
				  19.21.2.11,
				  19.21.2.12,
				  19.21.2.13 or
				  19.21.2.14 NMAC for approval of an
				  incidental take permit, scientific study, propagation or collection of voucher
				  specimen permit. The state forester may not approve an application for a permit
				  if an applicant (a) has taken an endangered plant outside the scope of a prior
				  permit's provisions or without a permit, (b) otherwise failed to comply with a
				  prior permit, (c) provided false information on a permit application or (d)
				  attempted to transfer a prior permit without the state forester's written
				  approval or allow someone else to use a prior permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.16 - PERMIT AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A permittee shall submit a written application to the state
				  forester to request an amendment to a permit. The application shall describe
				  the amendment requested and explain why the amendment is
				  needed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.17 - PERMIT REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				state forester may revoke a permit for actions or events including taking of
				endangered plants outside the scope of the permit's provisions or without a
				permit, failure to comply with the permit, discovery that any of the reasons
				that would have resulted in the state forester not approving a permit
				application exist, failure to deposit a voucher specimen in a designated New
				Mexico herbarium as required by Subsection A of
				19.21.2.13 NMAC for a scientific
				study permit or by Subsection D of
				19.21.2.14 NMAC for voucher
				specimen permits, taking specimens under a permit for commercial use, providing
				false information on the permit application, attempting to transfer the permit
				without the state forester's prior written approval or allowing someone else to
				use the permit.
B. The state
				forester shall provide 30 days' prior written notice of the permit revocation
				to the permittee unless such notice will result in long-term detrimental effect
				on the endangered plant population's survival. If such notice will result in
				long-term detrimental effect on the endangered plant population's survival, the
				state forester shall provide at least 48 hours written notice.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.18 - PERMIT TERM

Current through Register Vol. 35, No. 13, July 16, 2024
The permit term shall be for the scope of the activity or
				  five years, whichever is less. If the activity is not completed within five
				  years, the permittee shall apply for a new permit. The scope of the activity
				  does not include subsequent maintenance, repair or replacement, which are
				  considered separate activities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.19 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to
				Section 75-6-1 NMSA 1978, violation of
				19.21.2 NMAC is a misdemeanor punishable by a fine of not less than $300, nor
				more than $1,000 or imprisonment for a term of not more than 120 days or both.
				Each individual endangered plant taken without a valid permit issued by the
				state forester is a violation of
				19.21.2.10 NMAC; each individual
				incidence or occurrence is a violation of other provisions in 19.21.2 NMAC
				(e.g., failing to obtain a required permit, providing false information on a
				permit application, failing to comply with a permit condition).
B. Any law enforcement officer may seize any
				endangered plants taken, possessed, transported, exported, processed, sold or
				offered for sale or shipped in violation of 19.21.2 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.20 - TRANSITION

Current through Register Vol. 35, No. 13, July 16, 2024
The prohibition on removing, harming, killing or destroying
				  endangered plants without a permit issued by the state forester shall not apply
				  to ground-disturbing activities for which a person received a permit or similar
				  authorization from a federal, state or local government agency prior to April
				  25, 2023 so long as the ground disturbance commences by October 22,
				  2023.
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 19.25.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the conduct and procedures of hearings
				  before the state engineer conducted pursuant to NMSA 1978, Sections
				  72-2-16,
				  72-2-17,
				  and
				  72-2-18.
				  This rule shall not govern public rulemaking proceedings held pursuant to NMSA
				  1978, Section
				  72-2-8,
				  expedited proceedings under NMSA 1978, Section
				  72-2-9.1,
				  or appeals from a district water master to the state engineer in accordance
				  with NMSA 1978, Section
				  72-3-3.
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 19.25.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  72-2-8
				  (authorizing state engineer to adopt regulations prescribing administrative
				  procedures), Section
				  72-2-12
				  (authorizing state engineer to promulgate rules in connection with hearings and
				  to appoint hearing examiners), Section
				  72-2-16
				  (granting state engineer authority to conduct hearings prior to appeal),
				  Section
				  72-2-17
				  (establishing certain requirements for hearings) and Section
				  72-12-18
				  (granting state engineer authority to issue compliance
				  orders).
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 19.25.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 30, 2013, unless a later date is cited at the end of a
				  section.
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 19.25.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures that
				  govern hearings before the state engineer and the hearings unit and to ensure
				  the expeditious and orderly handling of all administrative and enforcement
				  matters consistent with the requirements of due process.
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 19.25.2.8 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall be liberally construed to carry out its
				  purpose.
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 19.25.2.9 - DOCKETING AND STANDING

Current through Register Vol. 35, No. 13, July 16, 2024
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.
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 19.25.2.10 - HEARING UNIT DOCKET AND FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Docketing procedures. The hearings unit
				shall maintain a docket of matters to be heard and a hearing calendar. Upon
				receipt of a docketing request from the ALU, the hearings unit administrator
				shall assign a hearing examiner and a docket number. The hearings unit
				administrator or the hearing examiner shall issue a notice that:
(1) shall advise the parties of the docketing
				of the matter, the hearing number and caption, and procedural requirements
				concerning filing and service of documents with the hearings unit, including
				electronic service and posting of documents;
(2) shall set a deadline for the applicant
				and all protestants to pay any required hearing fee;
(3) may set a deadline for all protestants to
				identify in writing, by OSE file number or other description, all water rights
				under the protestant's ownership or control that may be adversely affected by
				the application, including 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, together with a statement explaining how the protestant will be
				substantially and specifically affected by the granting of the
				application;
(4) may set a date and
				time for a scheduling conference to be held, no earlier than 10 business days
				after the deadline for payment of fees and identification of affected water
				rights;
(5) may direct one or more
				parties to file and serve on all other parties a proposed date for scheduling
				conference and a proposed pre-hearing order that includes proposed procedural
				dates for discovery, motions and hearing, identifies all issues the party
				proposes to address at hearing, and sets forth the party's position on each
				known or anticipated issue; and
(6)
				may include a draft form of scheduling order and hearing instructions for
				parties.
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 19.25.2.11 - REPRESENTATION OF PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Parties may be represented by an attorney or may appear pro
				  se, as described below, in hearings before the state engineer or designated
				  hearing examiner. All communications by parties with the hearings unit shall be
				  made through a party's attorney or a person appearing pro se, unless otherwise
				  provided for by the hearing examiner.
A. Attorneys. An attorney representing a
				party shall enter his appearance in the record. Withdrawal or substitution of
				counsel shall be by notice to the parties and hearings unit, and all issues
				relating to withdrawal or substitution of counsel shall be resolved in a form
				and manner at the discretion of the hearing examiner.
B. Pro se appearance. An individual may
				appear as a pro se party. Parties appearing pro se shall be responsible for
				familiarizing themselves with this rule, the rules of civil procedure for the
				district courts of New Mexico, the rules of evidence governing non-jury trials
				for the district courts of New Mexico, the instructions for parties in
				administrative proceedings, and all other rules of the OSE.
C. Applicants, respondents and protestants
				other than a pro se party. A party that is not an individual shall be
				represented by an attorney.
D. Ex
				parte communications prohibited. There shall be no ex parte communications with
				the hearing examiner or the state engineer in any pending proceeding on any
				substantive issue unless notice is given and an opportunity afforded all
				parties to participate or respond. Any continued ex parte communications after
				a single state engineer order to cease will result in dismissal of the
				offending party. Routine procedural questions may be addressed to the hearings
				unit administrator.
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 19.25.2.13 - AUTHORITY AND DUTIES OF THE HEARING EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Powers of hearing examiner. In the absence
				of any limiting order, a hearing examiner appointed to hear any particular case
				shall have the power to regulate the proceedings before him and to perform all
				acts and take all measures necessary to conduct such hearing, including the
				following powers:
(1) to explain the events
				and requirements of the hearing process, including the use of electronic
				service, notice and posting on the OSE website;
(2) to establish a procedural schedule for
				the administrative proceedings and to modify procedural orders on his own
				motion or on motion of a party when necessary or appropriate;
(3) to schedule and conduct conferences and
				preliminary hearings when necessary or appropriate to: identify substantive
				issues for hearing, set a discovery schedule and hearing date, establish an
				official service list, address other preliminary matters, encourage settlement,
				and rule on preliminary motions;
(4) to order parties to hold appropriate
				settlement conferences before or during any hearing, provided that the hearing
				examiner shall not take part in any settlement conference unless all parties
				agree to his participation;
(5) to
				dismiss parties or actions;
(6) to
				apply the procedures of this rule and to grant such waivers to those procedures
				as he deems necessary or appropriate;
(7) to issue subpoenas to produce materials
				and to require persons to appear;
(8) to provide for appropriate methods of
				discovery;
(9) to administer oaths
				and affirmations;
(10) to ensure
				that all relevant issues relating to impairment, conservation of water within
				the state and the public welfare of the state are considered during the
				evidentiary hearing and to request, receive and make part of the record all
				evidence (testimony and exhibits) determined necessary to decide the issues and
				rule upon all objections and motions;
(11) to regulate the conduct and course of
				the hearing consistent with due process, including the scheduling, recessing,
				reconvening, and adjournment thereof;
(12) to cause a complete record of the
				proceedings to be made in accordance with the requirement of NMSA 1978, Section
				72-2-17(C);
(13) to make a report
				and recommendation to the state engineer based upon the record of the
				proceedings; and
(14) to take such
				other action as may be necessary and appropriate to the discharge of these
				duties, consistent with the statutory authority or other authorities under
				which the state engineer functions and with the rules and policies of the
				OSE.
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 19.25.2.14 - DISQUALIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any party may file a motion to disqualify a hearing examiner
				  for lack of impartiality. A motion to disqualify a hearing examiner must be
				  filed no later than 10 days after the initial scheduling conference and shall
				  state with specificity the grounds for disqualification. A hearing examiner
				  shall excuse himself in a proceeding in which the hearing examiner's
				  impartiality might reasonably be questioned, including but not limited to
				  instances of personal bias or prejudice concerning a party or a party's
				  attorney or disputed evidentiary facts; or other bias or prejudice which would
				  cause the hearing examiner to not render an impartial
				  decision.
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 19.25.2.16 - PROCEDURAL REQUIREMENTS AND DEADLINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability of Rules of Civil Procedure.
				Conduct and procedure with respect to discovery and prehearing matters before
				the hearing unit shall be generally consistent with the New Mexico Rules of
				Civil Procedure for the District Courts, except as otherwise set forth in this
				rule or as otherwise permitted by the hearing examiner.
B. Specificity of motions. All motions,
				except those made orally during a hearing, shall be in writing, specify the
				grounds for the motion, state the relief sought, and state whether the motion
				is opposed or unopposed. An opposed motion shall state that consent of the
				other parties to the motion was sought and not obtained, or the reason such
				consent was not sought. An unopposed motion shall state that concurrence of all
				other parties was obtained. The moving party shall submit a proposed order
				approved by all parties for the hearing examiner's consideration.
C. Deadline for response and reply to
				motions. Any party upon whom an opposed motion is served shall have 15 days to
				file a response. A non-moving party failing to file a timely response may be
				deemed to have waived any objection to the granting of the motion. The moving
				party may file a reply within 15 days after a response to a motion.
D. Prefiled testimony and exhibits. The
				hearing examiner may require advance filing of certain exhibits (subject to
				objections), including but not limited to copies of the application, notice,
				expert reports or written testimony, locational photographs or maps, and any
				other exhibits which may aid in an efficient hearing process. Where a
				proceeding involves complex and technical issues to be presented through
				multiple witnesses, the hearing examiner may require the filing of written
				testimony by witnesses in advance of the hearing.
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 19.25.2.18 - STIPULATIONS AND SETTLEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Parties to a proceeding shall make a reasonable effort to
				  stipulate to facts to be relied upon in a hearing or on appeal. Stipulations of
				  fact or of resolutions of specific issues shall be in writing and signed or
				  approved by all stipulating parties, and shall be filed with the hearings unit
				  administrator, unless entered into within five days of any final hearing,
				  whereupon the stipulation shall be presented at hearing. Objections to a
				  stipulation shall be in writing, unless the stipulation is presented at
				  hearing, whereupon any objections shall be presented at hearing. Settlements of
				  all or a portion of the issues pending may be presented in writing before
				  hearing or in writing or orally at hearing, and shall include the parties'
				  procedural recommendation for disposition of the pending matter. The state
				  engineer shall review and either accept, modify or reject any stipulation or
				  settlement. If the state engineer modifies the stipulation or settlement, the
				  parties shall have the opportunity to accept such modification or to void the
				  stipulation. If the state engineer rejects any stipulation or settlement, the
				  hearing shall proceed or be reconvened to take evidence on the merits of the
				  pending matters, which may include the resolution of issues as presented in the
				  stipulation or settlement.
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 19.25.2.19 - CONTINUANCE AND POSTPONEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Continuance of hearing. A scheduled hearing or conference may be continued with
				notice prior to the hearing or conference, or it may be recessed during the
				hearing or conference and reconvened at a later date. Grounds for continuance
				may include, but are not limited to: mandatory deference to the resolution of
				prior pending applications; limitations with regard to OSE resources available
				to investigate or evaluate the application and claims of the parties; and
				settlement of some or all issues among any or all parties.
B. Postponement of evidentiary hearing. A
				party may request postponement of the scheduled hearing, subject to
				determination by the hearing examiner. Grounds for postponement may include,
				but are not limited to, ongoing settlement negotiations, the unavailability of
				an expert witness, or the inability of a party to complete technical reports
				and exhibits. Repeated requests for postponement will not be viewed favorably
				unless good cause is presented.
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 19.25.2.20 - DISMISSAL OR WITHDRAWAL OF PARTY OR ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Dismissal of party or action for failure
				to participate. If the hearing examiner determines that the applicant has
				failed to meet his or her obligation to go forward with the application by
				timely participation in the administrative hearings process, the hearing
				examiner shall deny a protested application or shall reinstate the action by
				the WRD on an aggrieved application, and shall dismiss the hearing. If the
				hearing examiner determines that a protestant has failed to meet his burden of
				timely participation in the administrative hearings process, the hearing
				examiner shall dismiss the protestant. In the event that all protestants are
				dismissed, the hearing examiner may remand the application to the WRD for
				further action.
B. Withdrawal of
				request for hearing from aggrieved WRD decision. An aggrieved applicant may
				file a motion to withdraw the request for a hearing with the hearings unit and
				shall serve the motion on the ALU attorney of record. If granted, the hearing
				examiner shall reinstate the original decision or action of WRD. Upon motion by
				the applicant or the WRD, the hearing examiner may order that the application
				be withdrawn or remanded to WRD for other action, including but not limited to
				modification of the original WRD decision or action. The hearing examiner shall
				not grant the withdrawal of an aggrieved application once a hearing on the
				merits has concluded.
C. Withdrawal
				of protested application. A protested application may be withdrawn by the
				applicant by pleading filed with the hearings unit and served on the ALU
				attorney of record and all protestants, prior to hearing. The hearing examiner
				may require that upon withdrawal of a protested application, the applicant
				shall not file the same or substantially similar application for a specified
				period of time. Once the hearings unit has concluded a hearing on the merits a
				protested application may not be withdrawn.
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 19.25.2.21 - LOCATION OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
All hearings shall be held in Santa Fe, New Mexico, unless
				  otherwise ordered by the hearing examiner. Scheduling, status, and pre-hearing
				  conferences and motions hearings shall be held in Santa Fe, New Mexico. At the
				  discretion of the hearing examiner, any conference or hearing may be held
				  telephonically.
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 19.25.2.23 - COMPLIANCE ORDERS AND ENFORCEMENT HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Compliance order. A compliance order shall
				consist of a written statement that identifies the subject water right or
				docket number and describes the following with specificity:
(1) acts or omissions with which the
				respondent is charged;
(2) citation
				of the statute, rule, order, or other authority that the respondent is alleged
				to have violated, or any other grounds for the compliance order;
(3) directive as to whether the alleged
				violation must cease immediately, or a specific time period in which a
				respondent must come into compliance.
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 19.25.2.25 - BURDEN AND STANDARD OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
The burden of proof in a proceeding on a pending application
				  is on the applicant to demonstrate that unappropriated waters are available for
				  appropriation where a new appropriation is sought, and that the application
				  will not impair or be detrimental to existing water rights, is not contrary to
				  conservation of water within the state and is not detrimental to the public
				  welfare of the state. In a compliance order hearing the burden of proof is on
				  the WRD. The standard of proof for hearings unit proceedings shall be based on
				  a preponderance of the evidence.
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 19.25.2.26 - RECORDING AND TRANSCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
All hearings shall be recorded or transcribed by the hearings
				  unit. In accordance with NMSA 1978, Section 72-2-17(B)(5), the oral proceedings
				  may be transcribed upon the request of any party. Parties requesting that
				  proceedings be transcribed shall arrange for the appearance by a stenographer
				  and shall pay the cost of the transcription directly to the preparer of the
				  transcript. In the event that the proceedings are transcribed upon the hearing
				  examiner's own request, the parties may obtain copies of the transcript upon
				  payment of any applicable fees. Copies of recorded proceedings may be obtained
				  by the parties upon payment of applicable fees charged by the hearings
				  unit.
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 19.25.2.27 - PROPOSED FINDINGS OF FACT AND RECOMMENDATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
At the conclusion of the hearing, the hearing examiner may
				  request that the parties submit proposed findings of fact, conclusions of law,
				  and recommendations that will become part of the administrative record. At the
				  hearing examiner's discretion, proposed findings of fact, conclusions of law,
				  and recommendations may be accompanied by supporting legal memoranda from the
				  parties.
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 19.25.2.28 - HEARING EXAMINER'S REPORT AND RECOMMENDATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
After completion of an evidentiary or summary judgment
				  hearing on the merits, the hearing examiner shall prepare and submit a report
				  and recommendation to the state engineer for final decision.
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 19.25.2.29 - FINAL DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon filing of the hearing examiner's report and
				  recommendation, the state engineer shall issue a written final decision.
A. Record evidence. The state engineer shall
				base the final decision upon the record, including the hearing examiner's
				report and recommendation. Evidence upon which the state engineer may base the
				final decision includes the following:
(1) any
				records, investigation reports, stipulations, and other relevant documents in
				the state engineer's possession that is offered and made a part of the record
				of the proceeding;
(2) sworn
				testimony of witnesses and exhibits entered into the record by the hearing
				examiner; and
(3) any facts that
				have been administratively noticed.
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 19.25.2.30 - RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A party may file a written request for reconsideration with
				  the state engineer within 10 days of receipt of a final decision, and shall
				  serve such request on all parties to the proceeding. A request for
				  reconsideration shall state the factual and or legal basis for reconsideration
				  of the state engineer's decision, and shall contain appropriate citations to
				  the record. The filing of a request for reconsideration does not operate to
				  toll or otherwise delay the time for filing an appeal as set forth in NMSA
				  1978, Section
				  72-7-1.
				  If the state engineer takes no action on a request for rehearing within 10 days
				  of its filing, it shall be deemed denied. If the state engineer grants a
				  request for reconsideration, the state engineer shall issue an order vacating
				  the final decision.
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 19.25.2.31 - APPEAL FROM FINAL DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
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.
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.
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.
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 19.25.2.32 - ADMINISTRATIVE RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with NMSA 1978, Section 72-2-17(C), the
				  administrative record shall include, at a minimum, all pleadings, motions, and
				  intermediate rulings; evidence admitted at hearing; matters or items
				  administratively noticed; questions and offers of proof, and objections and
				  rulings thereon; any proposed findings submitted; the transcript or recordings
				  of the administrative hearing; and any decision, opinion, or report by the
				  state engineer or hearing examiner who conducted the hearing.
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 19.25.2.33 - DECISION OF DISTRICT COURT

Current through Register Vol. 35, No. 13, July 16, 2024
The decision of the district court shall be binding on the
				  state engineer upon the expiration of the deadline for appeal from the district
				  court's decision if an appeal has not been taken in accordance with statutes
				  and the procedural rules of the New Mexico supreme court. The state engineer
				  shall take such action as is necessary or required in accordance with such
				  decision, and shall include a copy of the decision from the court in the OSE
				  files.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adopted pursuant to the authority of Sections
				  72-2-8,
				  72-2-12 and
				  72-13-4,
				  New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is formulated for the purpose of carrying out the
				  provisions of the statutes governing underground waters and describing the
				  present extent of all declared underground water basins in New Mexico.
[RESERVED]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.8 - MAP QUALITY

Current through Register Vol. 35, No. 13, July 16, 2024
All maps made from actual field surveys shall be original
				  tracings, accurately and neatly prepared on good quality tracing material. As
				  all tracings are part of the permanent record, they must be prepared with
				  permanent waterproof India drawing ink or the equivalent. This requirement also
				  applies to all signatures, dates and acknowledgments appearing on the sheets.
				  Sheets which fail to comply with these provisions will not be
				  accepted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.9 - SCALE AND SIZE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Maps for all
				basins except the Mimbres and Animas shall be seventeen (17) inches wide and
				twenty-three (23) inches long on the trim lines with margins of one (1) inch on
				the top, one-half (1/2) inch on the right side and bottom, and one and a half
				(1 1/2) inches on the left or long side for binding purposes. The map shall
				have a scale of one (1) inch equals four hundred (400) feet, unless otherwise
				specified by the state engineer. See page 36 [now 19.25.3.16 NMAC] for sample
				plat. If more than one sheet is required, they shall be properly numbered in
				sequence (Example - Sheet 1 of 3 sheets).
B. Mimbres and Animas basins: Maps for the
				Mimbres and Animas basins shall be fourteen (14) inches wide and seventeen (17)
				inches long on trim lines with margins of one-half (1/2) inch on the top, right
				side and bottom, and one and a half (1 1/2) inches on the left or long side for
				binding purposes. The map shall have a scale of one (1) inch equals five
				hundred (500) feet.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.10 - DECLINATION AND DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Maps shall be plotted to the true meridian and all bearings
				  shown shall be true bearings. The direction of north shall be indicated on the
				  map. Magnetic declination should be shown if used in making the field survey.
				  The date that the field survey is made shall be shown on the final
				  maps.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.11 - LEGAL DESCRIPTION AND LEGEND

Current through Register Vol. 35, No. 13, July 16, 2024
The map shall show the legal subdivisions, accurate locations
				  of the well or wells, reservoirs, if any, main canals, streams, highways and
				  other important physical features. The source of water shall be designated by
				  the appropriate symbol hereinafter given, placed in the corners and around the
				  perimeter as needed to clearly delineate the area, with one-eighth (1/8) inch
				  tick marks indicating the boundaries of the irrigated area. When the acreage is
				  irrigated by more than one source, the symbols used shall so indicate.
Source of Supply
Symbol
Artesian ground water 1/8 inch open circle
Shallow ground water 1/8 inch open square
Surface water Letter S
Artificial water 1/8 inch open diamond
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.12 - LOCATION OF WELL AND DESCRIPTION OF ACREAGE

Current through Register Vol. 35, No. 13, July 16, 2024
The location of the well or wells from which water is
				  diverted shall be accurately determined and plotted on the map. The course and
				  distance or coordinate distances from a known legal subdivision corner shall be
				  shown. A one-eighth (1/8) inch solid circle shall represent an artesian well
				  and a one-eighth (1/8) inch solid square shall represent a shallow ground water
				  well. Sections and subdivisions thereof in which the well and the lands lie
				  shall be accurately indicated and the number of acres irrigated within the
				  subdivisions shall be shown. When a part of a ten (10) acre subdivision is
				  irrigated, the acreage within the ten (10) acre subdivision must be accurately
				  shown. The ownership of lands and file numbers pertinent to the filing shall be
				  shown on the map.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.13 - RESERVOIRS AND DITCHES

Current through Register Vol. 35, No. 13, July 16, 2024
The location, area and capacity of any reservoirs shall be
				  shown on the map. The main ditches shall be shown and the direction of flow
				  shall be indicated.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 3 - MAPS AND PLANS › Section 19.25.3.14 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The tracing shall include the following statement and
				  certificate: Plat of underground water project to accompany land surveyor's
				  permit report to:
				  ___________________________________________________________________________________
(Appropriate the underground waters of the state of New
				  Mexico, change place or purpose of use, etc.)
Permit No.______________,
				  ________________________Permittee.
The areas where the water has been beneficially applied under
				  the provisions of the permit are described (to the nearest ten (10)-acre
				  subdivision where necessary) as follows:
SUBDIVISION SECTION TOWNSHIP RANGE ACRES OWNER*
____________ ________ __________ ________ _______
				  ________
____________ ________ __________ ________ _______
				  ________
____________ ________ __________ ________ _______
				  ________
____________ ________ __________ ________ _______
				  ________
* Omit if permittee named above is sole owner. NOTE: If all
				  or part of the lands received water from more than one source, detail such
				  sources by file no., legal subdivisions, and acreages so affected. This may be
				  done by adding other columns to above table in which to designate file numbers
				  of sources supplying water, or by preparing separate tabulations of the
				  acreages irrigated from each source.