2021 New Mexico Statutes
Chapter 3 - Municipalities
Article 27 - Water Facilities
Section 3-27-1 - Potable; authority to acquire and operate water facilities.

A. A municipality, within and without the municipal boundary, may:

(1) acquire water facilities that may include but are not limited to:

(a) wells, cisterns and reservoirs;

(b) distribution pipes and ditches;

(c) pumps;

(d) rights of way;

(e) water treatment plants; and

(f) their necessary appurtenances; and

(2) use and supply water for:

(a) sewer purposes;

(b) private use; and

(c) public use.

B. In acquiring private property pursuant to this section, a municipality may exercise the power of eminent domain pursuant to procedures of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] and subject to any applicable provisions of Section 3-27-2 NMSA 1978.

History: 1953 Comp., § 14-26-1, enacted by Laws 1965, ch. 300; 2009, ch. 269, § 1.

Cross references. — For powers of municipalities relating to water facilities, see 3-18-25 NMSA 1978.

For water or natural gas associations, see 3-28-1 NMSA 1978 et seq.

For Sanitary Projects Act, see Chapter 3, Article 29 NMSA 1978.

For regulation of use of water supply, see 3-53-1 NMSA 1978 et seq.

For metropolitan water boards, see 3-61-1 NMSA 1978 et seq.

For excess indebtedness permitted for water system, see N.M. Const., art. IX, § 13.

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

For waterworks companies, see 62-2-1 NMSA 1978 et seq.

For excavation damage to pipelines and underground utility lines, see 62-14-1 NMSA 1978 et seq.

For application for permit to appropriate water, see 72-5-1 NMSA 1978.

For transfer of water rights, see 72-5-23 NMSA 1978.

For community uses of water, see 72-10-1 NMSA 1978 et seq.

For community acequias or ditches, see 73-2-1 NMSA 1978 et seq.

For water and sanitation districts, see 73-21-1 NMSA 1978 et seq.

The 2009 amendment, effective June 19, 2009, added Subsection B.

Water franchise without referendum. — A franchise to maintain and operate an existing water plant, and to make additions, extensions and betterments thereto, may be granted by city ordinance without a referendum to the people. Asplund v. City of Santa Fe, 1926-NMSC-002, 31 N.M. 291, 244 P. 1067.

Eminent domain. — This section confers the power of eminent domain to a city to construct waterworks system. City of Raton v. Raton Ice Co., 1920-NMSC-060, 26 N.M. 300, 191 P. 516.

Approval of indebtedness required by election. — The town of Hagerman may borrow money from the farmers home administration to acquire a water system; however, the note or certificate of indebtedness given to the farmers home administration must provide that it will be paid solely from the revenues produced by the water system without incurring any liability to pay the indebtedness out of the general funds of the municipality unless the voters of the municipality have approved of the indebtedness in a general or special election. 1967 Op. Att'y Gen. No. 67-84.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Water Companies and Waterworks §§ 3 to 12.

Liability for tort of officer or employee of water department, 24 A.L.R. 545, 28 A.L.R. 822, 54 A.L.R. 1497.

Mandamus against municipality to compel repair or improvement of sewer or drain, 46 A.L.R. 271.

Liability of municipality where sewer originally of ample size has become inadequate by growth or development of territory, 70 A.L.R. 1347.

Municipality as riparian owner, right to use of water for public supply, 141 A.L.R. 639.

Liability of municipal corporation for damage to property resulting from inadequacy of drains and sewers due to defect in plan, 173 A.L.R. 1031.

Right to cut off water supply, because of failure to pay sewer service charge, 26 A.L.R.2d 1359.

Extension of water system, right to compel municipality, 48 A.L.R.2d 1222.

Dedication or acceptance, construction or maintenance of sewers, water pipes, or the like by public authorities in roadway, street, or alley as indicating, 52 A.L.R.2d 263.

Drains or sewers, duty of municipality to prevent obstruction of, 59 A.L.R.2d 281.

Injunctive relief against diversion of water by municipal corporation or public utility, propriety of, 42 A.L.R.3d 426.

Validity of ordinance deferring residential development until establishment of public services in area, 63 A.L.R.3d 1184.

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 § 1051; 94 C.J.S. Waters § 226 et seq.