Gila Res. Info. Project v. N.M. Water Quality Control Comm'nAnnotate this Case
In September 2013, the New Mexico Water Quality Control Commission (Commission) adopted the Copper Mine Rule, 20.6.7 NMAC (Copper Rule). Petitioners argued the Copper Rule violates the Water Quality Act (WQA) because it was premised on an impermissible construction of the statutory phrase “place of withdrawal of water for present or reasonably foreseeable future use.” Petitioners asserted that, as a consequence of this impermissible construction of the statutory phrase, the Copper Rule permitted rather than prevented groundwater contamination at open pit copper mining facilities. The New Mexico Supreme Court rejected these arguments, concluding that the Copper Rule was premised on a permissible construction of the statutory phrase, and affirmed the Commission’s decision to adopt the Copper Rule.