2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6 - Water Quality › Section 74-6-12 - Limitations.

A. The Water Quality Act does not grant to the commission or to any other entity the power to take away or modify the property rights in water, nor is it the intention of the Water Quality Act to take away or modify such rights.
B. The Water Quality Act does not apply to any activity or condition subject to the authority of the environmental improvement board pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978], the Ground Water Protection Act [Chapter 74, Article 6B NMSA 1978] or the Solid Waste Act [74-9-1 to 74-9-43 NMSA 1978] except to abate water pollution or to control the disposal or use of septage and sludge.
C. The Water Quality Act does not authorize the commission to adopt any regulation with respect to any condition or quality of water if the water pollution and its effects are confined entirely within the boundaries of property within which the water pollution occurs when the water does not combine with other waters.
D. The Water Quality Act does not grant to the commission any jurisdiction or authority affecting the relation between employers and employees with respect to or arising out of any condition of water quality.
E. The Water Quality Act does not supersede or limit the applicability of any law relating to industrial health, safety or sanitation.
F. Except as required by federal law, in the adoption of regulations and water quality standards and in an action for enforcement of the Water Quality Act and regulations adopted pursuant to that act, reasonable degradation of water quality resulting from beneficial use shall be allowed. Such degradation shall not result in impairment of water quality to the extent that water quality standards are exceeded.
G. The Water Quality Act does not apply to any activity or condition subject to the authority of the oil conservation commission pursuant to provisions of the Oil and Gas Act [Chapter 70, Article 2 NMSA 1978], Section 70-2-12 NMSA 1978 and other laws conferring power on the oil conservation commission to prevent or abate water pollution.
H. When changes in dissolved oxygen, temperature, dissolved solids, sediment or turbidity in a water of the state is attributable to natural causes or to the reasonable operation of irrigation and flood control facilities that are not subject to federal or state water pollution control permitting, numerical standards for temperature, dissolved solids content, dissolved oxygen, sediment or turbidity adopted under the Water Quality Act do not apply. "Reasonable operation", as used in this subsection, shall be defined by regulation of the commission.
History:
1953 Comp., § 75-39-11, enacted by Laws 1967, ch. 190, § 11; 1973, ch. 326, § 6; 1993, ch. 291, § 11; 1995, ch. 133, § 1; 1999, ch. 152, § 1.
ANNOTATIONS
Cross references.
— For the Solid Waste Act,
see
74-9-1 NMSA 1978 and notes thereto.
The 1999 amendment,
effective June 18, 1999, rewrote Subsection H which read: "When dissolved oxygen, sediment or turbidity in a water of the state is attributable to natural causes or to the reasonable operation of irrigation and flood control facilities, numerical standards for dissolved oxygen, sediment or turbidity adopted under the Water Quality Act do not apply. 'Reasonable operation', as used in this subsection, shall be defined by regulation of the commission".
The 1995 amendment,
effective June 16, 1995, substituted "pursuant to provisions of" for "under" in Subsection G, and added Subsection H.
The 1993 amendment,
effective June 18, 1993, deleted former Subsection B relating to the availability of data obtained by the commission to the public and inserted present Subsection B; in Subsection F, inserted "Except as required by federal law", substituted "pursuant to that act" for "thereunder", and added the last sentence; and rewrote Subsection G.
Law reviews.
— For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969).
For note, "New Mexico Water Pollution Regulations and Standards Upheld," see 19 Nat. Resources J. 693 (1979).
For article, "The Assurance of Reasonable Toxic Risk?," see 24 Nat. Resources J. 549 (1984).