A. A person who or governmental entity that is determined to be in violation of the Ground Water Storage and Recovery Act or a permit issued or rules adopted pursuant to the act may be assessed a civil penalty in an amount not exceeding:
(1) one hundred dollars ($100) per day of violation not directly related to the illegal recovery or use of stored water; or
(2) ten thousand dollars ($10,000) per day of violation directly related to the illegal recovery or use of stored water.
B. An action to recover penalties pursuant to this section shall be brought by the state engineer in the district court in which the violation occurred.
History: Laws 1999, ch. 285, § 12.
Effective dates. — Laws 1999, ch. 285 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Article 5A - Ground Water Storage and Recovery
Section 72-5A-1 - Short title.
Section 72-5A-2 - Legislative findings.
Section 72-5A-3 - Definitions.
Section 72-5A-4 - Permit required.
Section 72-5A-5 - Notice; protests; hearings; determinations; judicial review.
Section 72-5A-6 - State engineer; powers and duties; permit; monitoring requirements.
Section 72-5A-7 - Modification and assignment of project permit.
Section 72-5A-9 - Storage account to be established; limit on amount of water recovered.
Section 72-5A-10 - Annual report to state engineer; penalty for failure to file.
Section 72-5A-11 - Revocation or suspension of permits; orders to cease and desist; injunction.
Section 72-5A-13 - Conservation fee exemptions.
Section 72-5A-14 - Obligations to Indian nations, tribes or pueblos.
Section 72-5A-15 - Non-exemption from prior appropriation doctrine.