N.M. Stat. § 62-20-5

Current through 2024, ch. 69
Section 62-20-5 - Authority powers and duties
A. An authority may provide for water and wastewater services, road improvements for the protection of the authority's infrastructure, renewable energy projects or other projects that are integral to the operation and maintenance of the authority's facilities.
B. An authority may:
(1) own, regulate, supervise and operate the authority's facilities;
(2) assess a one-time fee for the privilege of connecting a property to the authority's service at a future date if the property line is within three hundred feet of the authority's service lines and that property line is located within the boundaries of the authority;
(3) establish rates and impose assessments, fees and charges and take action necessary for the enforcement thereof;
(4) acquire, from a willing seller, hold and use water rights in an amount necessary to meet the authority's reasonable needs not to exceed forty years pursuant to Section 72-1-9 NMSA 1978;
(5) shut off, after notice, unauthorized connections, illegal connections or a connection for which charges are delinquent in payment;
(6) enter into contracts for services with governmental entities, including local, state and federal entities, Indian nations, tribes or pueblos or private entities, to carry out the purposes of the Regional Water System Resiliency Act;
(7) enter into joint powers agreements with other governmental entities;
(8) acquire and dispose of real property, personal property or rights of way;
(9) hire and retain agents, employees and consultants;
(10) adopt and use a governmental seal;
(11) sue, be sued and be a party to suits, actions and proceedings;
(12) receive grants, secure debt and issue revenue bonds for the development and improvement of infrastructure projects;
(13) subsume powers held by an entity forming or joining the authority; and
(14) have and exercise all rights and powers necessary, incidental to or implied from the specific powers granted in this section.
C. An agency or department that has promulgated rules that are applicable to an authority may, in its discretion or upon a petition of twenty-five percent of the members of the authority, investigate as the agency or department deems necessary to ensure the authority's compliance with all applicable statutes, rules, regulations and reporting requirements.
D. An authority is not subject to the jurisdiction of the public regulation commission or the provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978].

NMS § 62-20-5

Laws 2023, ch. 4, § 5.