Current through Register Vol. 35, No. 6, March 26, 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.
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.
