N.M. Admin. Code § 19.25.2.7 - DEFINITIONS
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.
I. "Hearing examiner" means that person
appointed or designated by the state engineer to conduct hearings with respect
to matters properly before the state engineer. Hearing examiners report
directly to the state engineer and are assigned to the hearings unit. For
purposes of this rule, references to a hearing examiner shall apply to the
state engineer when he presides at hearing.
J. "Hearings unit" means the division of the
OSE comprising the hearing examiners, alternative dispute resolution officers
and the hearings unit administrator.
K. "Hearings unit administrator" means that
person designated by the state engineer to direct, provide and perform
administrative duties in support of the hearing process and serve as the
official custodian of the hearings unit files and official record of
proceedings.
L. "Party" means an
applicant, respondent, or protestant who has paid any required hearing fees and
appears and participates in a hearing. The WRD shall be a party to every
proceeding. A party other than an individual must be represented by an attorney
licensed in the state of New Mexico.
M. "Person" means an individual, firm,
corporation, or other entity, or a political subdivision of the state or its
agencies, instrumentalities and institutions.
N. "Pro se party" means an individual who
appears on his or her own behalf and participates in a hearing without legal
representation by an attorney.
O.
"Protestant" means a person who files a timely written protest to an
application in the form and manner required by the WRD.
P. "Respondent" means a person named in a
compliance order.
Q. "Water rights
division" or "WRD" means the OSE division designated by the state engineer to
process applications and administer water rights pursuant to the permits and
licenses issued by and declarations filed with the state engineer and water
rights as adjudicated by decree pursuant to NMSA 1978, Section
72-4-19.
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