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AN ACT

RELATING TO WATER; PROVIDING FOR STATE ENGINEER ENFORCEMENT OF

COMPLIANCE ORDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 72-2-18 NMSA 1978 (being Laws 2001,

Chapter 143, Section 1) is amended to read:

"72-2-18. STATE ENGINEER--ENFORCEMENT--COMPLIANCE

ORDERS--PENALTY.--

A. When a person, pursuant to a finding of fact,

violates a requirement or prohibition of Chapter 72 NMSA 1978,

a regulation, code, order or special order adopted by the

state engineer pursuant to Section 72-2-8 NMSA 1978, a

condition of a permit or license issued by the state engineer

pursuant to law or an order entered by a court adjudicating a

water right, the state engineer may, in addition to any other

remedies available under law, issue a compliance order stating

with reasonable specificity the nature of the violation and

requiring compliance within a specified time period. A

compliance order shall not be effective against any party

other than the person against whom the compliance order is

issued.

B. This section shall not be construed to affect

or interfere with any jurisdiction of an irrigation district,

conservancy district, a state court, a federal court or an

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Indian nation, tribe or pueblo to enforce its orders and

decrees pertaining to water rights.

C. A compliance order may include an order to

cease the violation of a requirement or prohibition of Chapter

72 NMSA 1978, a directive issued in accordance with the

provisions of Section 72-2-8 NMSA 1978, a condition of a

permit or license issued by the state engineer or an order

entered by a court adjudicating a water right.

D. The state engineer shall provide an opportunity

for the person named in the compliance order to have a hearing

on the alleged violation pursuant to Section 72-2-16 NMSA

1978. A hearing shall be held if a written request is made to

the state engineer within thirty days after receipt of the

notice of the compliance order sent by certified mail. A

compliance order issued pursuant to this section shall become

final unless the person named in the order submits a written

request for a hearing to the state engineer within thirty days

of receipt of the order. A compliance order shall be

enforceable only upon becoming final. Nothing in this section

shall prohibit the person named in the order from pursuing an

informal resolution of the matter after a timely request for

hearing has been made.

E. A compliance order may require repayment of

water that was overdiverted or illegally diverted. Repayment

of water may be up to double the amount of the overdiversion

or illegal diversion. In determining the repayment of water

beyond the amount overdiverted or illegally diverted, the

state engineer shall take into consideration the seriousness

of the violation, any good faith efforts to comply with the

applicable requirements and any other relevant factors. Any

requirement to repay water shall not be enforceable until the

compliance order becomes final. Installation of a measuring

device may be required prior to any future diversion of water.

F. Any appeal to district court shall be conducted

pursuant to Chapter 72, Article 7 NMSA 1978 and shall not stay

enforcement of the compliance order unless ordered by the

district court.

G. After a compliance order becomes final, the

state engineer may assess a civil penalty of up to one hundred

dollars ($100) per day for violation of the compliance order.

Any civil penalty assessed shall accrue from the date of

assessment of the penalty.

H. If a person does not comply with a compliance

order, the state engineer may file a civil action to enforce

the compliance order and receive any of the remedies provided

in this section, including injunctive relief."

Section 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is June 15, 2007.

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