2021 New Mexico Statutes
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.
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.
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."

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 3 - Municipalities

Article 28 - Water or Natural Gas Associations

Section 3-28-1 - Water or natural gas associations; powers.

Section 3-28-2 - Intercommunity water or natural gas supply association; directors.

Section 3-28-3 - Certificate of association.

Section 3-28-4 - Acknowledgment and filing of original certificate; recording of copy.

Section 3-28-5 - Powers of association as body corporate.

Section 3-28-6 - Amendment of certificate of incorporation.

Section 3-28-7 - Notice of first meeting.

Section 3-28-8 - Board of directors; powers.

Section 3-28-9 - Officers or agents; manner of appointment.

Section 3-28-10 - Revenue bond issues.

Section 3-28-11 - Terms and provisions of revenue bond issues.

Section 3-28-12 - Resolution for issuance of bond; execution.

Section 3-28-13 - Payment of bonds.

Section 3-28-14 - Refunding authorization; terms.

Section 3-28-14.1 - Publication of notice after adoption of resolutions; limitation of action.

Section 3-28-15 - Financial assistance.

Section 3-28-16 - Establishment of rates or contracts for service; lien against property served.

Section 3-28-17 - Proceeds from bond issues not to be diverted from purpose.

Section 3-28-18 - Violations of act; penalty.

Section 3-28-19 - Eminent domain.

Section 3-28-20 - Associations not subject to utility laws.

Section 3-28-21 - New Mexico public utility commission [public regulation commission] jurisdiction.

Section 3-28-22 - Validation; existing association and outstanding bonds.