N.M. Stat. § 30-8-2

Polluting water

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Polluting water consists of knowingly and unlawfully introducing any object or substance into any body of public water causing it to be offensive or dangerous for human or animal consumption or use. Polluting water constitutes a public nuisance.

For the purpose of this section, "body of water" means any public river or its tributary, stream, lake, pond, reservoir, acequia, canal, ditch, spring, well or declared or known ground waters.

Whoever commits polluting water for which the act or penalty is not otherwise prescribed by law is guilty of a misdemeanor.

History: 1953 Comp., § 40A-8-2, enacted by Laws 1963, ch. 303, § 8-2; 1993, ch. 291, § 19.

ANNOTATIONS

Cross references. — For Water Quality Act, relating to water pollution, see 74-6-1 NMSA 1978 et seq.

The 1993 amendment, effective June 18, 1993, inserted "for which the act or penalty is not otherwise prescribed by law" in the last paragraph and made a minor stylistic change.

Scope of section. — This section is a broad nuisance provision, but it does not contain specific mandatory requirements to create a specific duty to prevent water pollution. Aragon v. United States, 146 F.3d 819 (10th Cir. 1998).

Law reviews. — For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control §§ 134, 135.

Liability for injury to property occasioned by oil, water or the like, flowing from well, 19 A.L.R.2d 1025.

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.

93 C.J.S. Waters § 57.

Notes of Decisions

Cited in 7 cases, 1983–2008 · leading case: New Mexico v. General Electric Co.

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New Mexico v. General Electric Co. (2004) nmd · cites it 19× “Statutory Public Nuisance ( N.M. Stat. Ann. § 30-8-2 (Repl. 1994)) .1241 a.”

New Mexico v. General Electric Co. (2003) nmd · cites it 11× “) 7 The body of the First Amended Complaint for Damages pleaded new factual and legal allegations, including a direct cause of action under N.M. Stat. Ann. § 30-8-2 asserted for the first time in this proceeding, {id.”

State of New Mexico v. General Electric (2006) ca10 “New Mexico’s statutoiy prohibition against water pollution appears in the State’s criminal code at N.M. Stat. Ann. § 30-8-2 : "Polluting water consists of knowingly and unlawfully introducing any object or substance into any body of public water causing it to be offensive or…”

Environmental Improvement Division v. Aguayo (1983) nm · cites it 2× “The sixth and final claim alleges that Defendant Aguayo’s installation of both systems constitutes knowing and unlawful conduct which results in the pollution of a body of public water as defined by Section 30-8-2, N.M.S.A.1978, and which constitutes a public nuisance in…”

State v. Bachicha (1991) nmctapp “As a result of this incident, defendant was convicted, following a jury trial, of three counts of aggravated assault with a firearm, contrary to NMSA 1978, Sections 30-8-2 (Repl.Pamp.1984) and 31-18-16 (Repl.”

Aragon v. United States (1998) ca10 · cites it 2× “§ 40A-8-2 (1953) (recodified as N.M. Stat. Ann. § 30-8-2 (1978)). We cannot equate this broad public nuisance statute to specific, mandatory water quality standards.”

Angell v. Polaris Production Corp. (2008) ca10 “N.M. Stat. § 30-8-2. Mr. Angelí claims that the district court required him to introduce evidence of causation beyond that required by the statute.”

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