Throughout the western states, one of the consequences of full water appropriations and dwindling supplies is a renewed focus on the quality of existing supplies. Under current water quality regulations, how water users affect the quality of the water they divert and consume is the subject of increasing scrutiny.
New Mexico law encourages the re-use of effluent by making it the private property of the entity developing the effluent. Roswell v. Reynolds, 99 N.M. 84, 654 P.2d 537 (1982). In addition, persons that shift to drip systems to conserve water have been allowed to spread their conserved water on adjoining land owned by them. See generally Sun Vineyards, Inc. v. Luna County Wine Dev. Corp., 107 N.M. 524, 760 P.2d 1290 (1988). LRPA assists Clients’ efforts to comply with the latest conservation technology.
Implementation of the Clean Water Act, among other factors, has resulted in new initiatives geared toward water re-use in New Mexico. Efforts aimed at the maximum use of water and treated effluent are resulting in water re-use programs using both conservation easements and New Mexico’s abundant open spaces to protect aquifer recharge areas on properties to ensure maximum natural return of rainwater to water tables.
LRPA regularly assists Clients with water quality permitting and regulatory compliance with respect to NPDES permits and TMDL requirements. LRPA provides representation with respect to all aspects of water and wastewater treatment.