The New Mexico Pollutant Discharge Elimination System Act does not authorize the commission or department to require a permit that:
A. takes away or modifies a property right in water, except that the discharge of a pollutant to waters of the United States without a permit shall not be a property right in water;
B. affects the relation between employers and employees with respect to or arising out of a condition of water quality; or
C. supersedes or limits the applicability of a law relating to industrial health, safety or sanitation.