reglab/housing_qa huggingface dataset:
NM Stat § 73-27-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-8 - Acceptance of assets and liabilities of existing water service providers; acquisition of water rights.

A. The authority may accept a transfer of assets and liabilities upon the request, and following the legal dissolution, of an entity that is listed below or formed pursuant to one of the following statutes and that provides water service, subject to any other statutory requirements for such dissolution and transfer: (1) the Water and Sanitation District Act [Chapter 73, Article 21 NMSA 1978]; (2) a water and natural gas association formed pursuant to Sections 3-28-1 through 3-28-22 NMSA 1978; (3) a water users' association formed pursuant to Sections 73-5-1 through 73-5-9 NMSA 1978; (4) the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978]; (5) the Public Improvement District Act [Chapter 5, Article 11NMSA 1978]; (6) a corporation formed pursuant to Sections 62-2-1 through 62-2-22 NMSA 1978, the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978] or the Cooperative Association Act [Chapter 53, Article 4 NMSA 1978]; or (7) an association or mutual domestic water consumers association organized pursuant to Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52, as well as any association organized under the provisions of the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978]. B. Upon the transfer of the assets and liabilities of an entity listed in Subsection A of this section to the authority, the area within the boundaries of the authority serviced by the dissolved entity shall become part of the authority's service area. C. When a water right is included in the assets and liabilities of an entity listed in Subsection A of this section that are transferred to the authority, or upon the acquisition of a water right by the authority, the authority shall file a change of ownership form with the state engineer and shall apply to the state engineer to combine and commingle the transferred or acquired water right with the authority's existing water rights and contract rights to water. History: Laws 2010, ch. 39, § 8. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-9 - Revenue bonds; authority to issue; pledge of revenues; limitation on time of issuance.

A. Revenue bonds may be issued by the authority: (1) for acquiring real and personal property needed for an authority project, including the purchase of water rights; (2) for constructing, extending, enlarging, bettering, repairing, equipping or otherwise improving a water project; (3) for establishing or increasing reasonable reserve or sinking funds to secure the payment of the bonds; (4) to pay costs of issuance of the bonds; (5) to refund revenue bonds; or (6) for any combination of those purposes. B. The authority may pledge irrevocably any or all of the net revenues from the operation of its water system for payment of the interest on and principal of the revenue bonds. C. Except for the purpose of refunding previous revenue bond issues, the authority shall not sell revenue bonds payable from pledged revenues after the expiration of two years from the date of the resolution authorizing the issuance of the bonds. However, any period of time during which a particular revenue bond issue is in litigation shall not be counted in determining the expiration date of that issue. D. The authority shall not impair the rights of any holders of bonds or other obligations payable from the net revenues of the water system previously issued or incurred by the authority. E. If required by the terms, covenants and provisions of revenue bonds or other obligations previously issued by the authority, all additional bonds or other obligations issued or incurred by the authority pursuant to the Eastern New Mexico Water Utility Authority Act shall contain any required terms, covenants or provisions necessary to avoid impairment of the previously issued or incurred bonds or other obligations. History: Laws 2010, ch. 39, § 9. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-10 - Use of proceeds of revenue bond issue.

It is unlawful to divert, use or expend any money received from the issuance of revenue bonds for any purpose other than the purpose for which the revenue bonds were issued. History: Laws 2010, ch. 39, § 10. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-11 - Revenue bonds; terms.

Revenue bonds: A. may have interest, appreciated principal value or any part thereof payable at intervals or at maturity as may be determined by the authority; B. may be subject to prior redemption at the authority's option at such time or times and upon such terms and conditions with or without the payment of such premium or premiums as may be determined by the authority; C. may mature at any time or times not exceeding forty years after the date of issuance; D. may be serial in form and maturity or may consist of one bond payable at one time or in installments or may be in such other form as may be determined by the authority; E. shall be sold for cash at above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; and F. may be sold at public or negotiated sale. History: Laws 2010, ch. 39, § 11. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-12 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-12 - Exemption from taxation.

The bonds authorized by the Eastern New Mexico Water Utility Authority Act and the income from the bonds shall be exempt from all taxation by the state or any political subdivision of the state. History: Laws 2010, ch. 39, § 12. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-13 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-13 - Resolution authorizing revenue bonds.

At a regular or special meeting called for the purpose of issuing revenue bonds, the board may, by an affirmative vote of a supermajority of five members of the board, adopt a resolution that authorizes the issuance of revenue bonds. History: Laws 2010, ch. 39, § 13. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-14 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-14 - Revenue bonds not general obligations; authentication.

A. Revenue bonds or refunding revenue bonds issued as authorized in the Eastern New Mexico Water Utility Authority Act are: (1) not general obligations of the state or other political subdivision of the state; and (2) collectible only from the pledged net revenues of the water system, and each bond shall state that it is payable solely from the pledged net revenues of the water system and that the bondholders shall not look to any other fund of the state or political subdivision of the state for the payment of the interest and principal of the bond. B. The bonds shall be executed by the chairperson of the board and may be authenticated by the secretary of the board or any public or private transfer agent or registrar or its successor that shall be named or otherwise designated by the board. The bonds may be executed as provided under the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978]. History: Laws 2010, ch. 39, § 14. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-15 - Revenue bonds; mandatory rates for the water system; mandamus; impairment of payment.

A. The authority shall establish rates for services rendered by the water system to provide revenue sufficient to meet the following requirements, and such rates shall remain in effect until the bond issue is liquidated. Revenue shall be sufficient to: (1) pay all reasonable expenses of operation of the water system; (2) pay all interest on the water system revenue bonds as it comes due; (3) provide a sinking fund adequate to discharge the revenue bonds as they mature; and (4) provide a capital fund for system improvements and replacements. B. In the event the authority fails or refuses to establish rates for the water system as required in this section, any bondholder may apply to the district court or courts within which jurisdiction the system is located for a mandatory order requiring the authority to establish rates that will provide revenues adequate to meet the requirements of this section. C. Any law that authorizes the pledge of any or all of the pledged water system net revenues to the payment of any revenue bonds issued pursuant to the Eastern New Mexico Water Utility Authority Act or that affects the pledged net revenues of the water system, or any law supplemental to or otherwise appertaining to that act, shall not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any such outstanding revenue bonds, unless the outstanding revenue bonds have been discharged in full or provision has been fully made for payment of the bonds. History: Laws 2010, ch. 39, § 15. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-16 - Bonds; refunding authorization.

A. At any regular or special meeting called for the purpose of issuing refunding bonds, the board by a supermajority of five members of the board may adopt a resolution authorizing the issuance of the refunding bonds. B. The authority may issue refunding bonds for the purpose of refinancing, paying and discharging all or any part of outstanding bonds or other obligations payable from the net revenues of the water system previously issued or incurred by the authority. C. The authority may pledge irrevocably for the payment of interest and principal on refunding bonds the pledged net revenues of the water system. D. Bonds for refunding and bonds for any purpose permitted by the Eastern New Mexico Water Utility Authority Act may be issued separately or issued in combination in one series or more. History: Laws 2010, ch. 39, § 16. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-17 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-17 - Refunding bonds; terms.

Refunding bonds: A. may have interest, appreciated principal value or any part thereof payable at intervals or at maturity as may be determined by the authority; B. may be subject to prior redemption at the authority's option at such time or times and upon such terms and conditions with or without the payment of premium or premiums as may be determined by the authority; C. may mature at any time or times not exceeding forty years after the date of issuance; D. may be serial in form and maturity or may consist of a single bond payable in one or more installments or may be in such other form as may be determined by the authority; and E. shall be exchanged for the bonds and any matured unpaid interest being refunded at not less than par or sold at public or negotiated sale at, above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]. History: Laws 2010, ch. 39, § 17. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
NM Stat § 73-27-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 27 - Eastern New Mexico Water Utility Authority|Section 73-27-19 - Public regulation commission and state engineer jurisdiction.

A. The authority is not subject to the jurisdiction of the public regulation commission or the terms and provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] except as provided in Subsection B of this section. B. The authority may elect by resolution adopted by its board to become subject to the jurisdiction of the public regulation commission and to the terms and provisions of the Public Utility Act; provided, however, that in no event shall Sections 62-9-1 through 62-9-7 NMSA 1978 apply to the authority when making such an election. C. The authority shall be subject to the rules and regulations of the state engineer and the applicable articles of Chapter 72 NMSA 1978. History: Laws 2010, ch. 39, § 19. ANNOTATIONSEffective dates. — Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010. Temporary provisions. — Laws 2010, ch. 39, § 20 provided that all functions, appropriations, money, records, contracts, equipment and other real and personal property pertaining to the eastern New Mexico rural water authority shall be transferred to the eastern New Mexico water utility authority. Debts of the eastern New Mexico rural water authority shall be debts of the eastern New Mexico water utility authority. The eastern New Mexico water utility authority shall not impair the rights of any bondholders of outstanding bonds of the eastern New Mexico rural water authority. All contractual obligations of the eastern New Mexico rural water authority and the counties and municipalities that have the power to appoint a member to the board of directors of the eastern New Mexico water utility authority shall be binding on the eastern New Mexico water utility authority. The public regulation commission shall audit the eastern New Mexico rural water authority prior to the transfer of money, assets and debts to the eastern New Mexico water utility authority.
NM Stat § 74-1-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-1 - Short title.

Chapter 74, Article 1 NMSA 1978 may be cited as the "Environmental Improvement Act". History: 1953 Comp., § 12-19-1, enacted by Laws 1971, ch. 277, § 1; recompiled as 1953 Comp., § 12-12-1 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 1; 1997, ch. 139, § 1. ANNOTATIONSCross references. — For environmental compliance, see 74-7-1 NMSA 1978 et seq. The 1997 amendment, effective June 20, 1997, substituted "Chapter 74, Article 1 NMSA 1978" for "Sections 12-12-1 through 12-12-14 NMSA 1953". Enforcement authority under the federal Clean Air Act. — The language in § 7412(d) of the Clean Air Act, 42 U.S.C. § 7401 et seq., delegates to the states with approved state implementation plans (SIP) the primary responsibility to enforce the standards as manifested in that SIP. The delegation of federal authority is limited to state enforcement of the federally-approved SIP through the state administrative and judicial process, or possibly through citizens' suits. The administrator retains authority to enforce the SIP in federal court, acting as a supervisor to insure that the federal standards are met. Espinosa v. Roswell Tower, Inc., 32 F.3d 491 (10th Cir. 1994). Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973). For note, "Preemption - Atomic Energy," see 24 Nat. Resources J. 761 (1984). For note, "Look Out States . . . Your Environmental Liability Could Be Bigger Than You Think", see 30 Nat. Resources J. 929 (1990). For note, "The Toxic Time Bomb in the Borderland: Can the 'Emergency Planning and Community Right to Know Act' Help?", see 30 Nat. Resources J. 969 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 1 et seq. Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444. Governmental recovery of cost of hazardous waste removal under Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9601 et seq.), 70 A.L.R. Fed. 329. Supreme Court's views as to validity, construction and application of Comprehensive Environmental Response, Compensation, and Liability Act ((CERCLA) (42 U.S.C.A. §§ 9601 et seq.)), 157 A.L.R. Fed. 291. Requirement that there be continuing violation to maintain citizen suit under federal environmental protection statutes - post-Gwaltney cases, 158 A.L.R. Fed. 519. 39A C.J.S. Health and Environment § 1 et seq.
NM Stat § 74-1-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-2 - Purpose of Environmental Improvement Act.

The purpose of the Environmental Improvement Act is to create a department that will be responsible for environmental management and consumer protection in this state in order to ensure an environment that in the greatest possible measure will confer optimum health, safety, comfort and economic and social well-being on its inhabitants; will protect this generation as well as those yet unborn from health threats posed by the environment; and will maximize the economic and cultural benefits of a healthy people. History: 1953 Comp., § 12-19-2, enacted by Laws 1971, ch. 277, § 2; recompiled as 1953 Comp., § 12-12-2 by Laws 1972, ch. 51, § 9; 1997, ch. 139, § 2. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, substituted "a department that" for "an agency which" and "ensure" for "insure". Common-law remedy for nuisance survives the enactment of the Environmental Improvement Act. Gonzalez v. Whitaker, 1982-NMCA-050, 97 N.M. 710, 643 P.2d 274, cert. denied, 98 N.M. 336, 648 P.2d 794. Board has paramount environmental improvement authority. — It is the intention of the legislature to give the environmental improvement board statewide, paramount authority to enforce regulations and standards in the various areas listed and that all other entities of government and political subdivisions thereof must conform. N.M. Mun. League, Inc. v. N.M. Envtl. Improvement Bd., 1975-NMCA-083, 88 N.M. 201, 539 P.2d 221, cert. denied, 88 N.M. 318, 540 P.2d 248. Denial of landfill permit based on public opposition. — The Environmental Improvement Act and the Solid Waste Act do not require the secretary to deny a landfill permit based on public opposition. Colonias Dev. Council v. Rhino Envtl. Svcs., Inc. 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939. Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
NM Stat § 74-1-3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-3 - Definitions.

As used in the Environmental Improvement Act: A. "board" means the environmental improvement board; B. "department" or "environmental improvement department" means the department of environment; C. "on-site liquid waste system" means a liquid waste system, or part thereof, serving a dwelling, establishment or group, and using a liquid waste treatment unit designed to receive liquid waste followed by either a soil treatment or other type of disposal system. "On-site liquid waste system" includes holding tanks and privies but does not include systems or facilities designed to receive or treat mine or mill tailings or wastes; D. "person" means the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity and includes any officer or governing or managing body of any political subdivision or public or private corporation; E. "residential on-site liquid waste system" means an on-site liquid waste system serving up to four dwelling units; and F. "secretary" means the secretary of environment. History: 1953 Comp., § 12-19-3, enacted by Laws 1971, ch. 277, § 3; recompiled as 1953 Comp., § 12-12-3 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 2; 1977, ch. 253, § 34; 1982, ch. 73, § 21; 1991, ch. 25, § 29; 1997, ch. 139, § 3. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, rewrote this section to such an extent that a detailed comparison would be impracticable. The 1991 amendment, effective March 29, 1991, substituted "department of environment" for "environmental improvement division of the health and environment department" in Subsection A; deleted former Subsection B which read "'director' means the director of the environmental improvement division"; and designated former Subsections C and D as present Subsections B and C. Law reviews. — For annual survey of New Mexico law relating to administrative law, see 13 N.M.L. Rev. 235 (1983).
NM Stat § 74-1-4 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 1 - General Provisions|Section 74-1-4 - Environmental improvement board; creation; organization.

A. There is created the "environmental improvement board". The board shall consist of seven members appointed by the governor, by and with the advice and consent of the senate. The members of the board shall be appointed for overlapping terms, with no term exceeding five years. No more than four members shall be appointed from any political party. At least a majority of the membership of the board shall be individuals who represent the public interest and do not derive any significant portion of their income from persons subject to or who appear before the board on issues related to the federal Clean Air Act or the Air Quality Control Act [Chapter 74, Article 2 NMSA 1978]. Any vacancy occurring in the membership of the board shall be filled by appointment by the governor for the unexpired term. B. The members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. C. The board shall elect from its membership a chairman, vice chairman and secretary and shall establish the tenure of these offices. The board shall convene upon the call of the chairman or a majority of its members. Four members shall constitute a quorum. History: 1953 Comp., § 12-19-5, enacted by Laws 1971, ch. 277, § 5; recompiled as 1953 Comp., § 12-12-5 by Laws 1972, ch. 51, § 9; 1990, ch. 31, § 1; 1997, ch. 139, § 4; 2001, ch. 145, § 1. ANNOTATIONSCross references. — For exemption of environmental improvement board from authority of secretary of environment, see 9-7A-12 NMSA 1978. For the federal Clean Air Act, see 42 U.S.C. § 7401 et seq. The 2001 amendment, effective June 15, 2001, in Subsection A, increased the membership of the board from five to seven members; and increased the number of members that may be appointed from any political party from three to four; and in Subsection C, inserted the last sentence. The 1997 amendment, effective June 20, 1997, in Subsection A, added the first sentence and deleted "42 U.S.C. Sections 7401 et seq." following "federal Clean Air Act" in the next-to-last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Health and Environment § 133.