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Upper Pecos River and Identified Tributaries ONRW- WQCC 21-51(R)

In accordance with 20.6.4.9(A) NMAC, any person may nominate a surface water of the state for designation as an ONRW by filing a petition with the Commission pursuant to the applicable procedures. Pursuant to 20.6.4.9(B) NMAC, the WQCC may designate a surface water of the state as an ONRW where the Commission determines that the designation is beneficial to the state and it has been demonstrated that at least one of the eligibility criteria in 20.6.4.9(B) NMAC have been demonstrated in accordance with 20.6.4.9(A) NMAC. As such, the Village of Pecos, San Miguel County, Upper Pecos Watershed Association, New Mexico Acequia Association, and Molino de la Isla Organics LLC (“Petitioners”) filed a petition proposing several ephemeral, intermittent, and perennial classified and unclassified waterbodies, from the US Forest Service (“USFS”) Dalton Day Use area to the USFS Wilderness boundary, be designated as ONRWs.

DocumentAuthorDate
PetitionPetitioners10.01.2021
Entry of AppearanceNMED10.01.2021
Order Granting Hearing and Appointing Hearing OfficerWQCC11.30.2021
Scheduling OrderHearing Officer12.09.2021
Amended Scheduling OrderHearing Officer12.13.2021
Hearing NoticeNMED02.04.2022
Notice of Intent to Present Technical TestimonyPetitioners03.10.2022
Notice of Intent to Present Technical TestimonyNMED03.10.2022
Notice of Intent to Present Technical TestimonyMcQuillan03.10.2022
Demonstrative ExhibitConn04.08.2022
Demonstrative ExhibitPropst04.08.2022
Public CommentsVariousVarious
Additional Public CommentsVariousVarious
Hearing (Recording)WQCC04.12.2022
Hearing Written TranscriptsCourt Reporter04.12.2022
Closing Arguments and Proposed Statement of ReasonsPetitioners05.19.2022
Closing Arguments and Proposed Statement of ReasonsNMED05.19.2022
Closing Arguments and Proposed Statement of ReasonsMcQuillan05.19.2022
Draft Hearing Officer’s ReportHearing Officer06.21.2022
Exceptions to Hearing Officer’s Draft ReportPetitioners06.27.2022
Final Hearing Officer’s ReportHearing Officer06.28.2022
Deliberations (Recording)WQCC07.12.2022
Statement of Reasons and DecisionWQCC08.10.2022
Amended rule as Published in State RegisterNMED08.25.2022
Integrated Rule Effective for State PurposesNMED09.24.2022
Submittal Letter to EPANMED10.25.2022
EPA’s Response and Technical Support Document (“TSD”)EPA02.08.2023

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