Summary:

 Senate Bill 185 (SB 185) creates the crime of unlawful use of underground water and provides penalties. 

 

Legislation Overview:

 Senate Bill 185 (SB 185) creates the crime of unlawful use of underground water which it defines as a person selling, trading, bartering or otherwise using or appropriating underground water requiring a permit under the Underground Waters Act passed in 2023 (Section 72-12-1 et seq NMSA 1978) for any use other than the permitted use or for use without a permit. It establishes that this crime is a fourth-degree felony subject to the sentencing provisions in Section 31-18-15 NMSA 1978 and the person committing the felony will be subject to a fine of one thousand dollars ($1,000) per barrel or per forty-two gallons of water improperly sold, traded, bartered or otherwise used or appropriated. SB 186 authorizes the attorney general or a district attorney to bring an action to enforce this section.