Chapter 3, Article 29 NMSA 1978 may be cited as the "Sanitary Projects Act".
History: 1953 Comp., § 14-28-1, enacted by Laws 1965, ch. 300; 2001, ch. 200, § 1.
The 2001 amendment, effective July 1, 2001, updated the internal reference.
Immunity from liability for antitrust damages. — An association that is organized under the Sanitary Projects Act, 3-29-1 NMSA 1978, is a special function governmental unit, established by state law, and is immune from damages for liability under the New Mexico Antitrust Act, 57-1-1 NMSA 1978. Moongate Water Co., Inc. v. Dona Ana Mut. Domestic Water Consumers Ass'n, 2008-NMCA-143, 145 N.M. 140, 194 P.3d 755.
Sanitary Projects Act association was not transformed into public utility by selling water to a limited number of nonmember water haulers and was not, therefore, subject to the public service commission's regulatory jurisdiction. El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 1993-NMSC-041, 115 N.M. 784, 858 P.2d 1263.
Water association is a public body. — A mutual domestic water association is not a state agency, but it qualifies as a public body/political subdivision and thus has statutory responsibilities to abide by the Open Meetings Act, the Inspection of Public Records Act, the Procurement Code and the Per Diem and Mileage Act. 2006 Op. Att'y Gen. No. 06-02.
Nonprofit corporation organized to provide community water system, under this section, is not another municipal corporation under N.M. Const., art. VIII, § 1, and is subject to ad valorem taxation under N.M. Const., art. VIII, § 3. 1968 Op. Att'y Gen. No. 68-38.
Audit of associations. — Associations created pursuant to this article are subject to audit under the Audit Act (12-6-1 NMSA 1978 et seq.). 1990 Op. Att'y Gen. No. 90-30.
Mutual domestic water consumers association project can be transferred or given to a newly created village. 1962 Op. Att'y Gen. No. 62-99.
Structure 2021 New Mexico Statutes
Article 29 - Sanitary Projects
Section 3-29-1 - Sanitary Projects Act; short title.
Section 3-29-3 - Purpose of act.
Section 3-29-5 - Restrictions on forming an association.
Section 3-29-6 - Board of directors; powers and duties.
Section 3-29-7 - Department powers.
Section 3-29-12 - Local administration of association; board of directors.
Section 3-29-13 - Existing associations.
Section 3-29-14 - Existing water systems or water rights unaffected.
Section 3-29-15 - Association constitutes a public body corporate.
Section 3-29-16 - Certificate of association.
Section 3-29-17 - Filing of certificate and bylaws.
Section 3-29-17.1 - Registered office and registered agent.
Section 3-29-17.2 - Change of registered office or registered agent.
Section 3-29-17.3 - Service of process on association.
Section 3-29-17.4 - Annual report.
Section 3-29-17.5 - Filing of annual report; supplemental report; extension of time; penalty.
Section 3-29-19 - Amendment of certificate of association and bylaws; method.
Section 3-29-20.1 - Merger of two or more associations into one association.
Section 3-29-21 - Exemptions from Special District Procedures Act provisions.