This text of New Mexico § 74-6-12 (Limitations) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 an 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 [Chapter 74, Article 6B 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 a rule with respect to a condition or quality of water if the water pollution and its
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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 an 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 [Chapter 74, Article 6B 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 a rule with respect to a 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 a condition or quality of water. E. The Water Quality Act does not supersede or limit the applicability of a law relating to industrial health, safety or sanitation. F. Except as required by federal law or for surface water discharges permitted pursuant to the Water Quality Act, in the adoption of rules and water quality standards and in an action for enforcement of the Water Quality Act and rules adopted pursuant to that act, reasonable degradation of water quality resulting from beneficial use shall be allowed. The degradation shall not result in impairment of water quality to the extent that water quality standards are exceeded. G. Except for a surface water discharge for which a permit is required under rules adopted pursuant to Subsection R of Section 74-6-4 NMSA 1978, the Water Quality Act does not apply to an 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] 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 rule of the commission.