ELR Citation: ELR 20181
No(s). 795,800 (N.M. Ct. App. Nov 22, 1972)

Two regulations of the New Mexico Water Quality Control Commission concerning effluent discharge are void because the court's record does not contain the Commission's basis for adopting the regulations, and judicial review of the regulations as authorized by the Water Quality Act is impossible. Furthermore, the New Mexico Environmental Quality Control Act (NMEQCA), which requires consideration of environmental consequences and the filing of an environmental impact statement, is applicable to all state agencies unless there is a clear conflict with the agency's statutory mandate. Since there is no such conflict here, the Commission must comply with NMEQCA.

Counsel for Appellants No. 795
Dean S. Zinn
Zinn & Donnell
209 East Marcy Street
Sante Fe, NM 87501

Counsel for Appellants No. 800
John T. Watson
Watson, Stillinger & Lunt
Sante Fe, NM 87501

Counsel for Appellee
David L. Norvell, Attorney General
Thomas L. Dunigan, Asst. Att'y Gen.
Douglas W. Fraser, Agency Asst. Att'y Gen.
Sante Fe, NM 87501