New Mexico Administrative Code

Consistent with its prioritizations, the interstate stream commission shall acquire water or water rights from willing sellers or lessors. The commission shall acquire water or water rights at a price no higher than appraised market value, based upon the best available informatio…

All acquisitions of water or water rights by the commission for the strategic water reserve are subject to approval by the state engineer and shall comply with all state engineer rules and regulations governing surface and ground water transfer applications.

A. The interstate stream commission shall manage water and water rights within the strategic water reserve in order to assist the state in complying with its interstate compacts and court decrees or to assist the state and water users in water management efforts for the benefit o…

The interstate stream commission shall determine annually its administrative costs associated with the strategic water reserve and consistent with Section 72-14-3.3 NMSA 1978 such costs shall be paid for from funds received for the strategic water reserve.

The interstate stream commission may sell or lease water or water rights from the strategic water reserve only upon a finding by the commission that such water or water rights are no longer necessary for the reserve and only at a price no less than appraised market value. The int…

On or before December 15th of each year, the interstate stream commission shall report to the appropriate committee of the legislature on the status of the strategic water reserve.

These regulations will assist the interstate stream commission in implementing the strategic water reserve and in managing water and water rights held for the strategic water reserve.

These regulations are written pursuant to Section 72.14-3.3 NMSA 1978, authorizing the interstate stream commission to establish a strategic water reserve and requiring the promulgation of rules in conformity therewith.

Permanent.

December 15, 2005, unless a later date is cited at the end of a section.

These regulations will ensure that water and water rights acquired for the strategic water reserve are used only for the purposes of the reserve, that adequate public notice exists in each affected area for the acquisition or disposal of water rights and that the procedures for t…

Unless defined below or in a specific section of these regulations, all other words used herein shall be given their customary and accepted meanings. "Water rights" means valid existing surface or groundwater rights that have sufficient seniority and a consistent, historic benefi…

These regulations shall be liberally construed to carry out their intended purpose.

A. During the first quarter of each year, the interstate stream commission, after consultation with the state engineer, and the attorney general, shall adopt river reach or ground water basin priorities for the strategic water reserve and for the acquisition of water or water rig…

New Mexico Interstate Stream Commission.

This rule governs the administration of the Pecos river basin land management fund.

Section 72-1-2.4 to -2.6 NMSA.

Permanent.

May 15, 2010, unless a later date is cited at the end of a section.

The objective of this part is to implement the Pecos river basin land management fund, Section 72-1-2.5 NMSA.

A. "Commission" means the New Mexico interstate stream commission. B. "Commission lands" means the lands in the lower Pecos river basin acquired by the commission pursuant to Sections 72-1-2.2 and 72-1-2.4 NMSA. C. "Land management fund" or "fund" means the Pecos river basin land…

A. Managing commission lands: The commission shall manage commission lands in a cost-effective manner so as to minimize any threat to public health and safety and adverse impacts to adjacent landowners, to provide benefits to local economies and to promote the general welfare of …

Office of the State Engineer ("OSE").

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…

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, un…

A. Filing of documents and number of copies. Written communications shall contain the name, address, and telephone number of the communicator and an appropriate reference to hearings unit files by docket and OSE file number(s) pertaining to the subject of the communication. All m…

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…

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 hearin…

The hearing examiner may establish conferences at regular times and places and at intervals sufficiently frequent for the orderly management of the proceedings. These may include scheduling conferences, status reviews, settlement conferences, motions hearings, pre-hearing confere…

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 r…

No discovery shall be had on the state engineer, a hearing examiner, or ADR officer in proceedings before the hearings unit. The hearings unit favors prompt and complete disclosure and exchange of information and encourages informal arrangements among the parties for this exchang…

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 h…

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: mandat…

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 u…

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…

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 m…

Evidentiary hearings on the merits of a pending matter are formal, recorded proceedings at which the testimony of witnesses is taken under oath and exhibits are presented for consideration of the hearing examiner for admission as evidence in the record. The course of the hearing …

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…

A. General. Each party is responsible for presenting evidence on the record. The New Mexico Rules of Evidence as applied in the district courts of the state shall generally apply. At the discretion of the hearing examiner, evidence not otherwise admissible under those rules of ev…

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 …

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…

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, concl…

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.

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 upo…

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 engine…

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 reconsideratio…

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 …