2015 New Mexico Statutes
Chapter 71 - Energy and Minerals
Section 5 Geothermal Resources Conservation
Section 71-5-21 Actions for damages; institution of actions for injunctions by private parties.
71-5-21. Actions for damages; institution of actions for injunctions by private parties.
Nothing in the Geothermal Resources Conservation Act [71-5-1 NMSA 1978], contained or authorized, and no suit by or against the division, and no penalties imposed or claimed against any person for violating any statute of this state with respect to conservation of geothermal resources, or any provision of that act, or any rule, regulation or order issued hereunder, shall impair or abridge or delay any cause of action for damages which any person may have or assert against any person violating any statute of this state with respect to conservation of geothermal resources, or any provision of the Geothermal Resources Conservation Act, or any rule, regulation or order issued hereunder. Any person so damaged by the violation may sue for and recover such damages as he may be entitled to receive. In the event the division should fail to bring suit to enjoin any actual or threatened violation of any statute of this state with respect to the conservation of geothermal resources, or of any provision of this act [71-5-1 to 71-5-17, 71-5-18 to 71-5-22, 71-5-24 NMSA 1978], or of any rule, regulation or order made hereunder, then any person or party in interest adversely affected by such violation, and who has notified the division in writing of such violation or threat thereof and has requested the division to sue, may, to prevent any or further violation, bring suit for that purpose in the district court of any county in which the division could have brought suit. If, in such suit, the court holds that injunctive relief should be granted, then the division shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the division had at all times been the complaining party.
History: 1953 Comp., 65-11-21, enacted by Laws 1975, ch. 272, 21; 1977, ch. 255, 89.
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