Inspection Of Water Permits & Penalties
One significant aspect of SB380 is the increase in the maximum penalties for violations of water law, which can now reach up to $10,000. Additionally, the bill mandates annual adjustments to these penalties in order to keep pace with inflation. This change is intended to deter potential violations by ensuring that the financial repercussions are significant and reflect current economic conditions. The bill also specifies that damages can be sought for violations, creating a more robust legal framework for protecting water resources.
Senate Bill 380 aims to enhance the enforcement of water laws in New Mexico by granting the Office of the State Engineer the authority to inspect records of permit and license holders. This bill includes provisions that allow the state engineer, along with water masters, to access records related to both authorized and unauthorized uses of water. Furthermore, it establishes mechanisms for compliance orders in case of violations, thereby enabling prompt enforcement actions against those who do not adhere to water regulations.
Debate surrounding SB380 may center on the balance between enforcement and the rights of permit holders. While supporters argue that increased oversight is necessary to protect water resources, opponents may view the enhanced punitive measures and the state engineer's sweeping inspection powers as excessive. Some may argue that this could result in overreach and impact businesses and individuals who hold water rights, raising concerns about fairness and equity in enforcement. The bill's implications for local water management and the jurisdiction of irrigation districts could also be points of contention.