2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 1 - Incorporation and Powers of Utilities › Section 62-1-2 - [Acquisition of water rights; placing of equipment over roads, highways and waters.]

Such corporations may acquire water rights for power plants or other purposes either by purchase, by appropriation under the laws of this state or of the United States or by acquiring rights of persons or corporations having made such appropriations or filed applications therefor, and are authorized to place their pipes, poles, wires, cables, conduits, towers, piers, abutments, stations and other necessary fixtures, appliances and structures, upon or across any of the public roads, streets, alleys, highways and waters in this state subject to the regulation of the county commissioners and local municipal authorities.
History:
Laws 1909, ch. 141, § 2; Code 1915, § 1022; C.S. 1929, § 32-402; 1941 Comp., § 72-102; 1953 Comp., § 68-1-2.
ANNOTATIONS
Compiler's notes.
— Sections 62-1-1 to 62-1-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 1 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For regulation of use of state highways by public utilities,
see
67-3-12C and 67-3-41 NMSA 1978.
For appropriation of water rights,
see
72-5-1 NMSA 1978 et seq.
This section and Section 62-1-3 NMSA 1978 must be construed together.
City of Roswell v. Mountain States Tel. & Tel. Co.
, 78 F.2d 379 (10th Cir. 1935).
Local governments may require utilities to bear costs of system relocation.
New Mexico has adopted the common-law rule permitting local governments to require utilities to bear the costs of system relocation required for public safety; thus, safety-related relocation costs are to be treated like other costs of service.
City of Albuquerque v. N.M. Pub. Regulation Comm'n
, 2003-NMSC-028, 134 N.M. 472, 79 P.3d 297.
A tariff approved by the public regulation commission permitting the Public Service Company of New Mexico to recover the costs of compliance with an ordinance requiring underground relocation was ultra vires in violation of the common-law rule where the relocation was a matter of public safety and the commission had made no finding that the ordinance was unreasonable.
City of Albuquerque v. N.M. Pub. Regulation Comm'n
, 2003-NMSC-028, 134 N.M. 472, 79 P.3d 297.
Provisions applicable to telephone utilities.
— Sections 62-1-1 to 62-1-3 NMSA 1978 are applicable to telephone utilities. 1963 Op. Att'y Gen. No. 63-66.
Law reviews.
— For article, "Water Requirements for Coal-fired Power Plants," see 24 Nat. Res. J. 137 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Easements § 99; 27A Am. Jur. 2d Energy and Power Sources, § 167; 61 Am. Jur. 2d Pipelines § 27; 74 Am. Jur. 2d Telecommunications § 15.
Placement, maintenance, or design of standing utility pole as affecting private utility's liability for personal injury resulting from vehicle's collision with pole within or beside highway, 51 A.L.R.4th 602.
29 C.J.S. Electricity §§ 15, 16; 38A C.J.S. Gas §§ 85, 86; 86 C.J.S. Telecommunications §§ 56, 119-123, 125.