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STATE, N. M. WAT., ETC. v. MOLYBDENUM CORP. OF AMER.

No. 2422.

555 P.2d 375 (1976)

89 N.M. 552

STATE of New Mexico ex rel. NEW MEXICO WATER QUALITY CONTROL COMMISSION and New Mexico Environmental Improvement Agency, Plaintiff-Appellant, v. MOLYBDENUM CORPORATION OF AMERICA, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied September 17, 1976.

Certiorari Denied October 21, 1976.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Santa Fe, Douglas W. Fraser, William R. Murphey, Bruce S. Garber, Asst. Attys. Gen., for plaintiff-appellant.

Lewis O. Campbell, Campbell, Cherpelis & Pica, Albuquerque, for defendant-appellee.

OPINION

WOOD, Chief Judge.

The State's amended complaint alleged the defendant discharged water containing mine tailings on three occasions. Two of the discharges were alleged to have been directly into the Red River. One discharge was alleged to have been into a campground and subsequently into the Red River. The amended complaint alleged the violation of two water quality control regulations — by failing to make immediate notification of the discharges...

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