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in the Rio Costilla Watershed, Taos County, New Mexico

ITEM 7:  The Department of Game & Fish
to Present Technical Testimony
with Referenced Attachments
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The New Mexico Water Quality Control Commission (WQCC) will hold a public hearing on March 13, 2012 at the Costilla Community Center in Costilla, New Mexico to consider a Petition filed by the Department of Game and Fish to continue the deployment of piscicides to restore the native fish community to the Rio Costilla Watershed, including tributaries and lakes within Vermejo Park Ranch and Carson National Forest, Taos County, New Mexico. The New Mexico Environment Department recommends granting approval of the Petition with certain conditions.

The public hearing will be conducted by a Hearing Officer, Felicia Orth, and will begin at 1 p.m. The Costilla Community Center is on Highway 196, ½ mile east of Hwy 522.

The Petition and the Department’s recommendation letter may be obtained electronically or reviewed in person by contacting:

Felicia Orth, Hearing Officer
New Mexico Environment Department
1190 S. St. Francis Drive, N2168
P.O. Box 5469
Santa Fe, New Mexico USA 8750

Tel.  (505) 827-0339

(505) 827-1628 Fax.

The hearing will be conducted in accordance with Section 74-6-4 of the Water Quality Act, the WQCC Adjudicatory Procedures at 20.1.3 NMAC, the Standards for Interstate and Intrastate Surface Waters in NMAC, and any Procedural Order or Scheduling Order issued by the WQCC Hearing Officer. These documents are available at:
/WQCC or by contacting the WQCC Administrator.

Technical Testimony:

In order to present technical testimony at the hearing, a person must file a notice of intent to present technical testimony in WQCC No. 11-06 with the WQCC Administrator no later than March 2, 2012 at 5:00 pm. The notice shall:

1. Identify the person or organization for whom the witness(es) will testify;

Identify each technical witness the person intends to present and state the qualifications of that witness including educational and work background;

3. Attach the full direct testimony of each technical witness;
4. Include the text of any recommended conditions for approval of the Petition and a statement of basis; and
5. Identify and attach all exhibits to be offered by the person at the hearing.

The Hearing Officer shall enforce the above requirements through the exclusion of technical testimony, exhibits or recommended modifications, as appropriate.

Participation by the General Public:

Any member of the general public may present non-technical testimony at the hearing. No prior notification is required. Persons desiring to present non-technical testimony may be heard at the end of each technical case, and at other times as the hearing officer allows. A member of the general public may submit a written non-technical statement to the WQCC Administrator or Hearing Officer at any time prior to the close of the hearing.

Post-hearing Procedures

At the conclusion of the hearing, the Hearing Officer will provide information regarding post-hearing submittals and a timeframe for the WQCC’s decision.


If any person requires assistance, an interpreter or auxiliary aid to participate in this process, please contact Connie Joseph at least twenty days prior to the hearing date at NMED, Personnel Service Bureau, Room N-4071, 1190 S. St. Francis Drive, PO Box 5469, Santa Fe, NM 87502, (505) 827-9872. TDY users may access Ms. Joseph’s number through the New Mexico Relay Network at 1-800-659-8331.

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The complete pleadings filed in this matter are now available online.

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No. Document Filing Date File size

New Mexico Department of Game and Fish Notice of Intent to Present Technical Testimony - 3 pp.

03/02/12 201 kb
Part 1. Kirk A. Patten Testimony - 8 pp.
  876 kb
Exhibit No. 1 Technical Testimony - 38 pp.
  1.3 MB
Exhibit No. 2 Technical Testimony - 4 pp.
  134 kb
Exhibit No. 3 Technical Testimony - 2 pp.
  137 kb
Exhibit No. 4 Technical Testimony - 2 pp.
  227 kb
Exhibit No. 5 Technical Testimony - 25 pp.
  498 kb
Exhibit No. 6 Technical Testimony - 2 pp.
  45 kb
Exhibit No. 7 Technical Testimony - 4 pp.
  65 kb
Exhibit No. 8 Technical Testimony - 5 pp.
  102 kb
Exhibit No. 9 Technical Testimony - 3 pp.
  111 kb
Exhibit No. 10 Technical Testimony - 4 pp.
  65 kb
Exhibit No. 11 Technical Testimony - 8 pp.
  144 kb
Exhibit No. 12a Technical Testimony - 160 pp.
  3.0 MB
Exhibit No. 12b Technical Testimony - 144 pp.
  2.2 MB
Exhibit No. 12c Technical Testimony - 162 pp.
  3.4 MB
Exhibit No. 12d Technical Testimony - 124 pp.
  6.2 MB
Exhibit No. 12e Technical Testimony - 110 pp.
  7.0 MB
Exhibit No. 12f Technical Testimony - 40 pp.
  5.3 MB
Exhibit No. 12g Technical Testimony - 92 pp.
  4.2 MB
Exhibit No. 13 Technical Testimony - 5 pp.
  85 kb
Exhibit No. 14 Technical Testimony - 25 pp.
  654 kb
Exhibit No. 15 Technical Testimony - 37 pp.
  996 kb
Exhibit No. 16 Technical Testimony - 55 pp.
  1.7 MB
Exhibit No. 17 Technical Testimony - 39 pp.