reglab/housing_qa huggingface dataset:
NM Stat § 3-28-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-15 - Financial assistance.

Any association formed under Section 3-28-1 NMSA 1978 to provide natural gas service in an unincorporated rural community or to purchase, acquire, hold and operate a water supply system is authorized to apply for and accept grants, contributions and any other form of financial assistance from the federal government, the state, the county or other public body or from any sources, public or private, for the purposes for which it is organized. History: 1953 Comp., § 14-27-13.2, enacted by Laws 1969, ch. 186, § 2; 1990, ch. 60, § 15; 1991, ch. 62, § 1. ANNOTATIONSThe 1991 amendment, effective April 1, 1991, inserted "or to purchase, acquire, hold and operate a water supply system". The 1990 amendment, effective March 2, 1990, substituted "Section 3-28-1 NMSA 1978" for "Section 14-27-1 NMSA 1953" and made a minor stylistic change.
NM Stat § 3-28-17 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-17 - Proceeds from bond issues not to be diverted from purpose.

Whenever, under the provisions of the laws of this state, any intercommunity water or natural gas supply association obtains or has obtained any money or credits by means of the issue of its bonds or other evidences of indebtedness for the purpose of the purchase, construction or extension or repair of any particular system, it shall be unlawful to divert, use or expend any of the money or credits in the purchase, construction or extension or repair of any other system or for any purpose other than that for which the money or credits were or shall be obtained. History: 1953 Comp., § 14-27-15, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 17. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, made minor stylistic changes throughout the section.
NM Stat § 3-28-18 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-18 - Violations of act; penalty.

The members of any board of directors and any officer or agent of any intercommunity water or natural gas supply association violating the provisions of Chapter 3, Article 28 NMSA 1978 shall be deemed guilty of a misdemeanor and, upon conviction thereof in the district court, shall be subject to a fine not to exceed five hundred dollars ($500) or to imprisonment in the county jail not to exceed six months or both in the discretion of the court trying the case. History: 1953 Comp., § 14-27-16, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 18. ANNOTATIONSThe 1990 amendment, effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation" and made a minor stylistic change.
NM Stat § 3-28-19 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-19 - Eminent domain.

Associations organized under Chapter 3, Article 28 NMSA 1978 shall have the power of eminent domain as provided by law, except the power of eminent domain shall not be used to acquire any plant or system or extension thereof described in a certificate of public convenience and necessity, or any interest therein, owned or operated by an entity that is regulated by the New Mexico public utility commission or the federal energy regulatory commission or their successors. History: 1953 Comp., § 14-27-17, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 8; 1981, ch. 203, § 6; 1990, ch. 60, § 19; 1993, ch. 282, § 10. ANNOTATIONSCross references. — For constitutional provision on eminent domain, see N.M. Const., art. II, § 20. The 1993 amendment, effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission". The 1990 amendment, effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978", substituted "New Mexico public service commission" for "public service commission", and made a minor stylistic change.
NM Stat § 3-28-20 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-20 - Associations not subject to utility laws.

No association organized under the provisions of Chapter 3, Article 28 NMSA 1978 is subject to the jurisdiction of the New Mexico public utility commission [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], as amended. History: 1978 Comp., § 3-28-20, enacted by Laws 1981, ch. 203, § 7; 1990, ch. 60, § 20; 1993, ch. 282, § 11. ANNOTATIONSRepeals and reenactments. — Laws 1981, ch. 203, § 7, repealed former 3-28-20 NMSA 1978, relating to the jurisdiction of the New Mexico public service commission and the applicability of the Public Utility Act, and enacted a new section. Bracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the public utility commission be construed as references to the public regulation commission. The 1993 amendment, effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission". The 1990 amendment, effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978."
NM Stat § 3-28-21 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-21 - New Mexico public utility commission [public regulation commission] jurisdiction.

Any association organized under the provisions of Chapter 3, Article 28 NMSA 1978 may elect by resolution adopted by its board of directors to become subject to the jurisdiction of the New Mexico public utility commission [public regulation commission] in matters of rates, security issues, jurisdictional area and industrial service and to all of the terms and provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], as amended. Provided, any association that so elects shall not be subject to any limits on its power of eminent domain as provided in Section 3-28-19 NMSA 1978 nor shall it be prohibited from providing gas service within an area described in any other gas utility's jurisdictional certificate as provided in Section 3-28-1 NMSA 1978. History: Laws 1981, ch. 203, § 8; 1990, ch. 60, § 21; 1993, ch. 282, § 12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the public utility commission be construed as references to the public regulation commission. Cross references. — For utilities subject to Public Utility Act, see 62-3-3 NMSA 1978. For general jurisdiction of public regulation commission, see 62-6-4 NMSA 1978. The 1993 amendment, effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission" in the section catchline and in the first sentence. The 1990 amendment, effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978."
NM Stat § 3-28-22 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 28 - Water or Natural Gas Associations|Section 3-28-22 - Validation; existing association and outstanding bonds.

All intercommunity water and natural gas associations established or purportedly established pursuant to Chapter 3, Article 28 NMSA 1978 or any predecessor or similar statute, all prior bonds issued by such associations and all action taken by boards of directors of such associations preliminary to and in the issuance of bonds of such associations pursuant to Chapter 3, Article 28 NMSA 1978 or any predecessor or similar statute, are hereby validated, ratified, approved and confirmed. History: 1978 Comp., § 3-28-22, enacted by Laws 1990, ch. 60, § 22. ANNOTATIONSSeverability clauses. — Laws 1990, ch. 60, § 23 provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 3-29-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-1 - Sanitary Projects Act; short title.

Chapter 3, Article 29 NMSA 1978 may be cited as the "Sanitary Projects Act". History: 1953 Comp., § 14-28-1, enacted by Laws 1965, ch. 300; 2001, ch. 200, § 1. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, updated the internal reference. Immunity from liability for antitrust damages. — An association that is organized under the Sanitary Projects Act, 3-29-1 NMSA 1978, is a special function governmental unit, established by state law, and is immune from damages for liability under the New Mexico Antitrust Act, 57-1-1 NMSA 1978. Moongate Water Co., Inc. v. Dona Ana Mut. Domestic Water Consumers Ass'n, 2008-NMCA-143, 145 N.M. 140, 194 P.3d 755. Sanitary Projects Act association was not transformed into public utility by selling water to a limited number of nonmember water haulers and was not, therefore, subject to the public service commission's regulatory jurisdiction. El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 1993-NMSC-041, 115 N.M. 784, 858 P.2d 1263. Water association is a public body. — A mutual domestic water association is not a state agency, but it qualifies as a public body/political subdivision and thus has statutory responsibilities to abide by the Open Meetings Act, the Inspection of Public Records Act, the Procurement Code and the Per Diem and Mileage Act. 2006 Op. Att'y Gen. No. 06-02. Nonprofit corporation organized to provide community water system, under this section, is not another municipal corporation under N.M. Const., art. VIII, § 1, and is subject to ad valorem taxation under N.M. Const., art. VIII, § 3. 1968 Op. Att'y Gen. No. 68-38. Audit of associations. — Associations created pursuant to this article are subject to audit under the Audit Act (12-6-1 NMSA 1978 et seq.). 1990 Op. Att'y Gen. No. 90-30. Mutual domestic water consumers association project can be transferred or given to a newly created village. 1962 Op. Att'y Gen. No. 62-99.
NM Stat § 3-29-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-2 - Definitions.

As used in the Sanitary Projects Act: A. "community" means a rural unincorporated community and includes a combination of two or more rural unincorporated communities when they have been combined for the purposes set forth in the Sanitary Projects Act; B. "association" includes an association or mutual domestic water consumers association organized under 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; C. "department" means the department of environment; D. "member" or "membership" means a person who has paid the appropriate fees and has been issued a certificate as required by association bylaws; E. "person" means a single residence or property owner, as determined by the rules adopted by the association's board of directors; and F. "project" means a water supply or reuse, storm drainage or wastewater facility owned, constructed or operated by an association. History: 1953 Comp., § 14-28-2, enacted by Laws 1965, ch. 300; 1971, ch. 277, § 26; 1977, ch. 253, § 44; 2000, ch. 56, § 1; 2006, ch. 60, § 1. ANNOTATIONSCompiler's notes. — Laws 1947, ch. 206, referred to in Subsection B, was repealed by Laws 1949, ch. 79, § 19. Laws 1949, ch. 79, referred to in Subsection B, was repealed by Laws 1951, ch. 52, § 19. Laws 1951, ch. 52, referred to in Subsection B, was repealed by Laws 1957, ch. 122, § 22. The 2006 amendment, effective March 6, 2006, added mutual domestic water consumers association as an "association" in Subsection B; deleted the definition of "fund" in former Subsection D; added a new Subsection D to define "member" and "membership"; added Subsection E to define "person"; and added Subsection F to define "project". The 2000 amendment, effective March 6, 2000, substituted "the department of environment" for "the environmental improvement division of the health and environment" in Subsection C.
NM Stat § 3-29-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-3 - Purpose of act.

The purpose of the Sanitary Projects Act is to improve the public health of rural communities in New Mexico by providing for the establishment and maintenance of a political subdivision of the state that is empowered by the state to receive public funds for acquisition, construction and improvement of water supply, reuse, storm drainage and wastewater facilities in communities, and to operate and maintain such facilities for the public good. History: 1953 Comp., § 14-28-3, enacted by Laws 1965, ch. 300; 2004, ch. 121, § 1; 2006, ch. 60, § 2. ANNOTATIONSThe 2006 amendment, effective March 6, 2006, rewrote the former section to delete the former declaration of policy that the legislature will assist in providing sanitary facilities and added that the purpose of the act is to improve public health of rural communities by providing a political subdivision that is empowered to receive public funds for sanitary projects. The 2004 amendment, effective May 19, 2004, amended the last sentence to delete "domestic" preceding "water supplies".
NM Stat § 3-29-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-4 - Projects.

Plans, specifications and contracts for each project, as appropriate, shall be prepared by a practicing professional engineer licensed under the Engineering and Surveying Practice Act [Chapter 61, Article 23 NMSA 1978] and selected by the association in accordance with the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978]. History: 1953 Comp., § 14-28-4, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 1; 1971, ch. 277, § 27; 2006, ch. 60, § 3. ANNOTATIONSThe 2006 amendment, effective March 6, 2006, deleted most of the former section that provided for financial assistance, the location of projects, engineering supervision of the construction of projects, payment for engineering services, bidding and payment of contractors; and added a provision that plans, specifications and contracts shall be prepared by an engineer licensed under the Engineering and Surveying Practice Act and selected in accordance with the Procurement Code. Burden of working out legal details of acquisition of water system will fall upon the shoulders of the attorney for the village. 1962 Op. Att'y Gen. No. 62-99.
NM Stat § 3-29-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-8 - Repealed.

History: 1953 Comp., § 14-28-8, enacted by Laws 1965, ch. 300; repealed by Laws 2006, ch. 60, § 20.ANNOTATIONSRepeals. — Laws 2006, ch. 60, § 20 repealed 3-29-8 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to suit for recovery of state funds, effective March 6, 2006. For provisions of former section, see the 2005 NMSA 1978 on the NMOneSource.com.
NM Stat § 3-29-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-9 - Rules.

For the purposes of the Sanitary Projects Act, the department may perform such acts and prescribe such rules as are deemed necessary to carry out its provisions. Rules shall be drafted in consultation with representatives of the associations. History: 1953 Comp., § 14-28-9, enacted by Laws 1965, ch. 300; 2006, ch. 60, § 7. ANNOTATIONSThe 2006 amendment, effective March 6, 2006, deleted the provision that the department may obtain cooperation and technical assistance of federal or state agencies and request geological surveys by the state engineer and added the provision that rules shall be drafted in consultation with representatives of the associations.
NM Stat § 3-29-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-10 - Repealed.

History: 1953 Comp., § 14-28-10, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 5; repealed by Laws 2006, ch. 60, § 20.ANNOTATIONSRepeals. — Laws 2006, ch. 60, § 20 repealed 3-29-10 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to the sanitary projects fund, effective March 6, 2006. For provisions of former section, see the 2005 NMSA 1978 on the NMOneSource.com.
NM Stat § 3-29-11 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-11 - Membership.

All persons within a community who participate or desire to participate in any project may become members of an association upon complying with the rules and regulations prescribed by the board of directors of the association, such rules and regulations to meet with the approval of the department. Any person or persons who did not participate in an original project shall be admitted to membership in an association upon payment to the association of a reasonable fee as determined by the board of directors and the department. History: 1953 Comp., § 14-28-11, enacted by Laws 1965, ch. 300. ANNOTATIONSRural water haulers entitled to membership. — Water haulers who reside in the rural areas surrounding a village served by a Sanitary Projects Act (SPA) association and depend exclusively upon the association's water system for water have a right under the SPA to become members of the association. El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 1993-NMSC-041, 115 N.M. 784, 858 P.2d 1263. All residents of the village should be given equal opportunity to join the new or reorganized association. This is the intent of the Sanitary Projects Act (Chapter 3, Article 29 NMSA 1978), particularly by virtue of this section. 1961 Op. Att'y Gen. No. 61-44.
NM Stat § 3-29-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-12 - Local administration of association; board of directors.

A. The local administration of the association and the operation and maintenance of the project shall be carried out in each community by a board of directors composed of an odd number of at least three members. Members of the board of directors shall: (1) be elected annually or as specified in the bylaws of the association; (2) be members in good standing of the association; and (3) serve staggered terms of up to four years to ensure that terms will end in different election years. B. The board of directors shall choose among its members a president, a vice president and a secretary-treasurer or a secretary and a treasurer. C. Funds sufficient to provide for proper operation and maintenance of the association shall be identified through a rate-setting analysis that will ensure enough revenue to cover yearly expenses and emergencies, a reserve fund for non-major capital items and equitable pay for staff. The rate-setting analysis may be reviewed and changed if necessary on a yearly basis, and the funds shall be obtained by the association by a monthly assessment against the users of the facilities, the assessment to be determined by the board of directors. D. The board of directors of the association shall have power to do all things necessary in the local administration of any project subject to the provisions of the Sanitary Projects Act. History: 1953 Comp., § 14-28-12, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 6; 2006, ch. 60, § 8. ANNOTATIONSThe 2006 amendment, effective March 6, 2006, in Subsection A, changed the number of members of the board of directors from five to an odd number of at least three members; deleted the provision of Subsection A that provided for the election and terms of office of members of the board of directors; added Paragraphs (1) through (3) of Subsection A to provide for the election, qualifications and terms of office of members of the board of directors; provided in Subsection B for a secretary and a treasurer; in Subsection C, deleted the requirement that a foreman be appointed for projects and added the provision that funds be identified through a rate-setting analysis; and deleted former Subsection E, which provided that an association must be formed and a board of directors chosen before any community may participate in any benefits. In seeking a new election, mandamus would seem to be a proper remedy since it appears that a domestic water consumers association is a local public body for the purposes of regulation under the Sanitary Projects Act (Chapter 3, Article 29 NMSA 1978), primarily because the act itself provides for the establishment of such associations, provides for board of directors elections and provides for the contribution of state funds to be used as a portion of the initial cost of building water and sewer facilities. 1961 Op. Att'y Gen. No. 61-37.
NM Stat § 3-29-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-13 - Existing associations.

Associations organized under the provisions of Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52 shall have the same powers and duties as associations organized under the provisions of the Sanitary Projects Act; provided that the articles of incorporation shall be amended in accordance with the provisions of Section 3-29-19 NMSA 1978. History: 1953 Comp., § 14-28-13, enacted by Laws 1965, ch. 300; 2006, ch. 60, § 9. ANNOTATIONSRepeals. — Laws 1947, ch. 206, referred to in this section, was repealed by Laws 1949, ch. 79, § 19. Laws 1949, ch. 79, referred to in this section, was repealed by Laws 1951, ch. 52, § 19. Laws 1951, ch. 52, referred to in this section, was repealed by Laws 1957, ch. 122, § 22. The 2006 amendment, effective March 6, 2006, deleted the provision that associations shall be eligible for benefits for construction of sewers and treatment plants without organizing a new association.
NM Stat § 3-29-14 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 29 - Sanitary Projects|Section 3-29-14 - Existing water systems or water rights unaffected.

The provisions of the Sanitary Projects Act shall not in any way affect any water systems or water rights under existing law. History: 1953 Comp., § 14-28-14, enacted by Laws 1965, ch. 300.