2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 23 - Public Utilities
Section 3-23-1 - Municipal utility; service charges; deposits; discontinuance of water service for nonpayment of charges; supplemental method.

A. A municipality, including an entity established pursuant to Section 72-1-10 NMSA 1978, may require a reasonable payment in advance or a reasonable deposit for water, electricity, gas, sewer service, geothermal energy, refuse collection service or street maintenance.

B. If payment of any price, rent, fee or other charge for water, sewer service, refuse collection or street maintenance is not made within thirty days from the date the payment is due, the water service may be discontinued and shall not be again supplied to the person liable for the payment until the arrears with interest and penalties have been fully paid.

C. The provisions of this section are intended to afford an additional method of enforcing payment of charges for water, sewer service, refuse collection or street maintenance furnished by the municipality.

History: 1953 Comp., § 14-22-1, enacted by Laws 1965, ch. 300; 1985, ch. 81, § 1; 2011, ch. 117, § 1.

Cross references. — For definition of "municipal utility", see 3-1-2 NMSA 1978.

For vacation or partial vacation of plat affecting rights of utility, see 3-20-13 NMSA 1978.

For franchises to public utilities, see 3-42-1, 3-42-2 NMSA 1978.

For Low Income Utility Assistance Act, see 27-6-11 NMSA 1978 et seq.

For Tort Claims Act, see 41-4-1 NMSA 1978 et seq.

For no power or jurisdiction of public service commission to regulate or supervise rates or service of municipal utilities, see 62-6-4 NMSA 1978.

For local option election to make municipality subject to Public Utility Act, see 62-6-5 NMSA 1978.

For approval of public service commission regarding contract rate between municipality and utility, see 62-6-15 NMSA 1978.

The 2011 amendment, effective June 17, 2011, authorized the Albuquerque-Bernalillo county water utility authority to require deposits for water and sewer service.

Legislative intent. — The legislature, by the enactment of this section, and by failing thereby to authorize municipalities to withhold service from subsequent owners, intended to modify the result of State ex rel. Scotillo v. Water Supply Co., 1914-NMSC-027, 19 N.M. 27, 140 P. 1056, in such fashion that so far as subsequent owners are concerned, service cannot be withheld. Bettini v. City of Las Cruces, 1971-NMSC-054, 82 N.M. 633, 485 P.2d 967.

Person liable for payment. — "Person liable" in Subsection B of this section does not apply to subsequent purchaser, and city may not refuse purchaser services until debt of predecessor in title is paid. Bettini v. City of Las Cruces, 1971-NMSC-054, 82 N.M. 633, 485 P.2d 967, distinguishing State ex rel. Scotillo v. Water Supply Co., 1914-NMSC-027, 19 N.M. 27, 140 P. 1056.

In determining whether charge made is one of fee or assessment in municipal water assessment, the name given the charge is not controlling. Leigh v. Hertzmark, 1967-NMSC-064,77 N.M. 789, 427 P.2d 668.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 567 to 578.

Proposition submitted to people with reference to erection or purchase of plant or other public utility as single or double proposition, 5 A.L.R. 538.

"Public utilities" within constitutional or statutory provisions relating to purchase, construction, or repair of same by municipal corporation, 9 A.L.R. 1033, 35 A.L.R. 592.

Public utility acts, applicability of to municipal corporations owning or operating a public utility, 10 A.L.R. 1432, 18 A.L.R. 946.

Repair or restoration of privately owned public utility, 13 A.L.R. 313.

Discrimination in the operation of a municipal utility, 50 A.L.R. 126.

Power of municipality to mortgage or pledge public utility, 71 A.L.R. 828.

Equipment necessary or convenient for use of public utility service furnished, power of municipal corporation to sell to consumers, 108 A.L.R. 1454.

Acquisition, right of municipality or other governmental body seeking to acquire public utility to proceed in the manner prescribed generally for the exercise of eminent domain, 109 A.L.R. 384.

Conditions or regulations, power of municipality to agree to abide by conditions or regulations imposed by federal authority in respect of construction, maintenance, or operation of a municipal public utility plant or enterprise, 128 A.L.R. 620.

Discrimination between property within and that outside governmental districts as to public service or utility rates, 4 A.L.R.2d 595.

Variations of utility rates based on flat and meter rates, 40 A.L.R.2d 1331.

Deposit required by public utility, 43 A.L.R.2d 1262.

Power of municipality to sell, lease, or mortgage public utility plant or interest therein, 61 A.L.R.2d 595.

Nonpayment: right of municipality to refuse services provided by it to resident for failure of resident to pay for other unrelated services, 60 A.L.R.3d 714.

Construction and application of 7 USCA § 1926(b), prohibiting curtailment or conditioning of water or sewer service based on inclusion within municipal borders, 146 A.L.R. Fed. 387.

63 C.J.S. Municipal Corporations §§ 1049 to 1061.