§ 3-27-1 NMSA 1978

Potable; authority to acquire and operate water facilities

Applied in 1 court decision — leading case Doña Ana Mutual Domestic Water Consumers Ass'n v. City of Las Cruces (2008)

Most recently applied in Doña Ana Mutual Domestic Water Consumers Ass'n v. City of Las Cruces (February 2008)

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

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;

(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

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.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.