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
Universal Citation: 19 NM Admin Code 19.25.2.25
Current through Register Vol. 35, No. 6, March 26, 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.
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