New Mexico Statutes

N.M. Stat. § 72-5A-12 (2026)

Penalties

✓ laws through the 2025 session (retrieved May 2026)
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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…”
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