State Ex Rel. New Mexico Water Quality Control Commission v. City of Hobbs

OPINION

STEPHENSON, Justice.

This is an appeal from a judgment ordering the City of Hobbs to extend water lines and provide free hookups to residences, both in and outside of the city limits, of Hobbs, New Mexico. The action was brought by the New Mexico Water Quality Control Commission, a body created under the New Mexico Water Quality Act (§ 75-39-1 et seq., N.M.S.A.1953).

In its complaint, the Commission alleged that the operation of the City’s sewer plant was a public nuisance in violation of § 40A-8-1, N.M.S.A.1953; that the City was negligent in its operation of the sewage treatment plant;…