New Mexico Statutes
Article 6 - Water Quality
Section 74-6-13 - Construction.

The Water Quality Act provides additional and cumulative remedies to prevent, abate and control water pollution, and nothing abridges or alters rights of action or remedies in equity under the common law or statutory law, criminal or civil. No provision of the Water Quality Act or any act done by virtue thereof estops the state or any political subdivision or person as owner of water rights or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
History: 1953 Comp., § 75-39-12, enacted by Laws 1967, ch. 190, § 12.
Court retains jurisdiction of case seeking tort and contract damages. — The trial court correctly retains jurisdiction of a case seeking tort and contract damages against a utility for its failure to supply water meeting certain minimal standards of quality since the government agencies involved have no expertise in considering tort and contractual claims and are without power to grant the relief that the plaintiffs have asked, and this section evidences the legislative intent that common-law remedies against water pollution be preserved. O'Hare v. Valley Utils., Inc., 1976-NMCA-004, 89 N.M. 105, 547 P.2d 1147, modified, 1976-NMSC-024, 89 N.M. 262, 550 P.2d 274.
Law reviews. — For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969).

Structure New Mexico Statutes