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New Mexico Mining Ass'n v. Water Quality Control Comm'n

ELR Citation: 37 ELR 20110
Nos. No. 25-814, (N.M. Ct. App., 05/10/2007)

A New Mexico appellate court upheld the state's definition of "surface waters." In 2005, the New Mexico Water Quality Control Commission revised New Mexico's definition of surface water by eliminating language referring to interstate commerce to ensure that the state has plenary power within its borders and is not constrained by interstate commerce considerations. Several groups challenged the commission's decision, but the court held that the amended definition of "surface waters of the state" was adopted consistent with the requirements of the state Water Quality Act and with due process.