New Mexico Statutes
Article 6 - Water Quality
Section 74-6-1 - Short title.

Chapter 74, Article 6 NMSA 1978 may be cited as the "Water Quality Act".
History: 1953 Comp., § 75-39-1, enacted by Laws 1967, ch. 190, § 1; 1993, ch. 291, § 1.
Cross references. — For the Pollution Control Revenue Bond Act, see 3-59-1 NMSA 1978 et seq.
The 1993 amendment, effective June 18, 1993, substituted "Chapter 74, Article 6 NMSA 1978" for "This act".
Water laws apply on Indian land. — Where non-Indians enter into long-term lease with an Indian tribe under which the non-Indians are to develop the land as a subdivision, state laws concerning subdivision control, construction licensing and water cannot be held inapplicable to the lessee because of federal preemption. Norvell v. Sangre de Cristo Dev. Co., 372 F. Supp. 348 (D.N.M. 1974), rev'd on other grounds, 519 F.2d 370 (10th Cir. 1975).
An implied private right of action does not exist under this section and a negligence per se claim may not be predicated on a violation of this section. Schwartzman, Inc. v. Atchison, Topeca & Santa Fe Ry., 857 F. Supp. 838 (D.N.M. 1994).
Provided Indian proprietary interest and self-government unimpaired. — The application of state antipollution laws to industries located on Indian land is valid, provided that the operation of those laws neither impairs the proprietary interest of the Indian people in their lands nor limits the right of the tribe or pueblo to govern matters of tribal relations. The regulation of industrial discharges is not a matter fundamental to tribal relations, and the state supervision of environment pollution will not limit, in any meaningful manner, the right of the several Indian peoples to govern themselves. The extension of pollution controls to industries located on Indian land will not affect the ownership or control of the land. 1970 Op. Att'y Gen. No. 70-05.
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).
For article, "Information for State Groundwater Quality Policymaking," see 24 Nat. Resources J. 1015 (1984).
For article, "Transboundary Toxic Pollution and the Drainage Basin Concept," see 25 Nat. Resources J. 589 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685.
Measure and elements of damages for pollution of well or spring, 76 A.L.R.4th 629.
Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
Actions brought under Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act)(33 U.S.C.A. § 1251 et seq.) - supreme court cases, 163 A.L.R. Fed. 531.
39A C.J.S Health and Environment § 131.