In addition to the appeal rights pursuant to Section 9 [71-9-9 NMSA 1978] of the Geothermal Resources Development Act, a water rights owner may bring a de novo action in the district court in which the water rights are located for damages or injunctive relief with respect to any claimed impairment of existing water rights due to the exploration, development or production of geothermal resources pursuant to Section 4 [71-9-4 NMSA 1978] of that act.
History: Laws 2016, ch. 71, § 10 and Laws 2016, ch. 78, § 10.
Effective dates. — Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal Resources Development Act, §§ 71-9-1 to 71-9-11 NMSA 1978, effective July 1, 2016.
Compiler's notes. — Laws 2016, ch. 71, § 10 and Laws 2016, ch. 78, § 10, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 78, § 10. See 12-1-8 NMSA 1978.
Structure New Mexico Statutes
Chapter 71 - Energy and Minerals
Article 9 - Geothermal Resources Development
Section 71-9-2 - Findings and purpose.
Section 71-9-4 - Exclusion; incidental loss or extraction of heat; limited exception.
Section 71-9-5 - General duties, jurisdiction and authority of the division.
Section 71-9-7 - Access to property.
Section 71-9-8 - Administrative penalty.
Section 71-9-10 - Water rights owner; action for impairment.
Section 71-9-11 - Transfer of administration of rules, orders and permits.