Polluting water consists of knowingly and unlawfully introducing any object or substance into any body of public water causing it to be offensive or dangerous for human or animal consumption or use. Polluting water constitutes a public nuisance.
For the purpose of this section, "body of water" means any public river or its tributary, stream, lake, pond, reservoir, acequia, canal, ditch, spring, well or declared or known ground waters.
Whoever commits polluting water for which the act or penalty is not otherwise prescribed by law is guilty of a misdemeanor.
History: 1953 Comp., § 40A-8-2, enacted by Laws 1963, ch. 303, § 8-2; 1993, ch. 291, § 19.
Cross references. — For Water Quality Act, relating to water pollution, see 74-6-1 NMSA 1978 et seq.
The 1993 amendment, effective June 18, 1993, inserted "for which the act or penalty is not otherwise prescribed by law" in the last paragraph and made a minor stylistic change.
Scope of section. — This section is a broad nuisance provision, but it does not contain specific mandatory requirements to create a specific duty to prevent water pollution. Aragon v. United States, 146 F.3d 819 (10th Cir. 1998).
Law reviews. — For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control §§ 134, 135.
Liability for injury to property occasioned by oil, water or the like, flowing from well, 19 A.L.R.2d 1025.
Measure and elements of damages for pollution of well or spring, 76 A.L.R.4th 629.
Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
93 C.J.S. Waters § 57.
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