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.
ANNOTATIONS
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.
Notes of Decisions
Cited in
2
cases, 2015–2015 · leading case:
Faber v. King, 2015-NMSC-015, 7 N.M. 702.
Faber v. King, 2015-NMSC-015, 7 N.M. 702.
· cites it 2× “See NMSA 1978, § 72-5A-12(A) (1999) (providing damages for violating the Ground Water Storage and Recovery Act, NMSA 1978, §§ 72-5A-1 to -17 (1999, as amended through 2003), of up to “(1) one hundred dollars ($100) per day [for] violation^] not directly related to the illegal…”
Farber v. King, No. 34,204 (N.M. Mar. 12, 2015).
“See NMSA 9 1 1978, § 72-5A-12(A) (1999) (providing damages for violating the Ground Water 2 Storage and Recovery Act, NMSA 1978, §§ 72-5A-1 to -17 (1999, as amended 3 through 2003), of up to “(1) one hundred dollars ($100) per day [for] violation[s] not 4 directly related to the…”
N.M. Stat. § 72-5A-12(A): 2 cases
Faber v. King, 2015-NMSC-015, 7 N.M. 702.
“See NMSA 1978, § 72-5A-12(A) (1999) (providing damages for violating the Ground Water Storage and Recovery Act, NMSA 1978, §§ 72-5A-1 to -17 (1999, as amended through 2003), of up to “(1) one hundred dollars ($100) per day [for] violation^] not directly related to the illegal…”
Farber v. King, No. 34,204 (N.M. Mar. 12, 2015).
“See NMSA 9 1 1978, § 72-5A-12(A) (1999) (providing damages for violating the Ground Water 2 Storage and Recovery Act, NMSA 1978, §§ 72-5A-1 to -17 (1999, as amended 3 through 2003), of up to “(1) one hundred dollars ($100) per day [for] violation[s] not 4 directly related to the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.