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SENATE BILL 185
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
James G. Townsend and Candy Spence Ezzell and Larry R. Scott
and David M. Gallegos
AN ACT
RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL USE OF
UNDERGROUND WATER; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] UNLAWFUL USE OF UNDERGROUND
WATER--PENALTY.--
A. Unlawful use of underground water consists of a
person selling, trading, bartering or otherwise using or
appropriating underground water requiring a permit pursuant to
Chapter 72, Article 12 NMSA 1978:
(1) for any use other than a use permitted by
the state engineer; or
(2) without a permit.
B. Whoever commits unlawful use of underground
water is guilty of a fourth degree felony, shall be assessed a
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fine of one thousand dollars ($1,000) per barrel or per forty-
two gallons of water that is sold, traded, bartered or
otherwise used or appropriated and shall be sentenced according
to the provisions of Section 31-18-15 NMSA 1978.
C. The attorney general or a district attorney may
bring an action in the name of the state to enforce this
section.
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.229701.2