The New Mexico Pollutant Discharge Elimination System Act does not authorize the commission or department to require a permit that:

1. A. takes away or modifies a property right in water, except that the discharge of a pollutant to waters of the United States without a permit shall not be a property right in water;
2. B. affects the relation between employers and employees with respect to or arising out of a condition of water quality; or
3. C. supersedes or limits the applicability of a law relating to industrial health, safety or sanitation.

History: Laws 2025, ch. 112, § 19.

ANNOTATIONS

Effective dates. — Pursuant to N.M. Const., art. IV, § 23, Laws 2025, ch. 112 did not pass with the required two-thirds vote of each house. Therefore, the effective date of Laws 2025, ch. 112 was June 20, 2025.