2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-7 - Authority; powers.

The authority is a body politic and corporate and a political subdivision of the state. The authority may:
A. sue and be sued;
B. enter into contracts;
C. borrow money and issue revenue bonds;
D. acquire, dispose of or encumber real and personal property and any interest in them, including leases, easements and water rights from a willing seller only;
E. design, develop, construct, operate, maintain, purchase or contract for water systems and pipelines to connect systems and sources with the authority's customers;
F. be allowed a water use planning period not to exceed forty years and may hold water rights based on a water development plan submitted to and approved by the state engineer the implementation of which shall not exceed forty years from the date of the application to change the place or purpose of use of an acquired water right;
G. have and exercise the power of eminent domain for the limited purpose of this subsection, within the boundaries of the authority and in Quay county and in the manner provided by law for the condemnation of private property as the last resort for public use with just compensation. The authority shall not acquire water rights through eminent domain. The authority shall not take any property unless it is necessary for rights of way and easements and for the use and placement of facilities and infrastructure elements, including pipelines, structures, pump stations and related appurtenances;
H. construct and maintain works and establish and maintain facilities across or along any public street or highway and through any vacant public lands that are the property of the state and construct works and establish and maintain facilities across any stream of water or watercourse, all in accordance with applicable state and federal permitting authority;
I. have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this section. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of the Eastern New Mexico Water Utility Authority Act; and
J. not have power or rights over any property, infrastructure or operations of a county or municipality that has the power to appoint a member to the board.
History:
Laws 2010, ch. 39, § 7.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
Test to determine whether a political subdivision of the state is immune from the zoning laws of a co-equal political subdivision of the state.
— In zoning and land use disputes between co-equal political subdivisions of the state, the statutory guidance test applies to determine whether a land use proposed by one political subdivision of the state may be prohibited by the zoning regulation of another. Under the statutory guidance test, courts review the statutory powers assigned to each entity to ascertain whether the legislature intended that one entity's local zoning ordinances apply to the other entity's activities.
Village of Logan v. Eastern N.M. Water Util. Auth.
, 2015-NMCA-103.
In zoning and land use dispute between a municipality and a water utility authority, both of which are political subdivisions of the state established by legislative processes, the legislative purpose behind the creation of the water utility authority would be frustrated by requiring it to adhere to municipal zoning ordinances, and therefore the statutory guidance test applies to immunize the water utility authority from the municipality's zoning ordinances.
Village of Logan v. Eastern N.M. Water Util. Auth.
, 2015-NMCA-103.