The bill amends several sections of New Mexico water law to increase the maximum penalties for violations related to water rights and management. Specifically, it raises the civil penalty for violations of the Ground Water Storage and Recovery Act to a maximum of $10,000 per day for violations directly related to the illegal recovery or use of stored water, while maintaining a penalty of $3,400 per day for other violations. Additionally, the bill allows the state engineer to assess civil penalties for violations of water law, with the potential for penalties to be enforced only after a compliance order becomes final.
Furthermore, the bill introduces provisions for compliance orders issued by the state engineer, which may require repayment of overdiverted or illegally diverted water, potentially up to double the amount diverted. It also stipulates that the state engineer must provide an opportunity for a hearing on the alleged violation and outlines the process for appealing compliance orders in district court. The amendments aim to enhance the enforcement of water laws and ensure compliance with regulations governing water rights in New Mexico.
Statutes affected: introduced version: 72-2-18, 72-5A-12, 72-12-14
Final Version: 72-2-18, 72-5A-12, 72-12-14