ELEPHANT BUTTE IRR. v. N.M. WATER QUALITY

Nos. A-1-CA-38474 and A-1-CA-38478 (consolidated for purpose of opinion).

516 P.3d 231 (2022)

2022-NMCA-045

ELEPHANT BUTTE IRRIGATION DISTRICT, Petitioner-Appellant, and Turner Ranch Properties, L.P.; Hillsboro Pitchfork Ranch, LLC; and Gila Resources Information Project, Petitioners-Appellants, v. NEW MEXICO WATER QUALITY CONTROL COMMISSION, Respondent-Appellee, and New Mexico Copper Corporation and New Mexico Environment Department, Intervenors-Appellees, In the Matter of the Application for New Mexico Copper Corporation for a Ground Water Discharge Permit for the Copper Flat Mine, DP-1840, Docketed as GWB 18-06(P).

Court of Appeals of New Mexico.

Certiorari Denied, August 18, 2022, No. S-1-SC-39428.


Attorney(s) appearing for the Case

Barncastle Law Firm, Samantha R. Barncastle , Las Cruces, NM, for Appellant Elephant Butte Irrigation District.

New Mexico Environmental Law Center, Charles de Saillan , Santa Fe, NM, for Appellants Turner Ranch Properties, L.P., Hillsboro Pitchfork Ranch, LLC, and Gila Resources Information Project.

Hector H. Balderas , Attorney General, Robert F. Sánchez , Assistant Attorney General, Santa Fe, NM, for Appellee New Mexico Water Quality Control Commission.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Stuart R. Butzier , Christina C. Sheehan , Albuquerque, NM, for Appellee New Mexico Copper Corporation.

Andrew P. Knight , Special Assistant Attorney General, Albuquerque, NM, for Appellee New Mexico Environment Department.


OPINION

{1} These appeals arise from an order of the New Mexico Water Quality Control Commission (the Commission) upholding the grant of New Mexico Copper Corporation's (N.M. Copper) application for a discharge permit for the Copper Flat Mine (the Mine) in Sierra County, New Mexico issued by the New Mexico...

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