Members of the first board of any district shall be appointed by the board of county commissioners. In a district consisting of multiple counties, the district judge shall designate how many members of the board will be appointed by each board of county commissioners. The first board shall consist of five directors who are qualified electors of the district appointed for staggered terms so that the terms of two directors expire within two years and the terms of three directors expire within four years. Thereafter, all directors shall be elected to terms of office pursuant to the provisions of the Water and Sanitation District Act. Any director appointed by any board of county commissioners shall be eligible for election; provided that no member of a board shall serve more than two consecutive terms.
History: 1978 Comp., § 73-21-15.1, enacted by Laws 1985, ch. 155, § 8; 2005, ch. 167, § 5; 2019, ch. 212, § 264.
The 2019 amendment, effective April 3, 2019, provided that a district judge shall designate how many members of the board will be appointed by each board of county commissioners in a district consisting of multiple counties, and changed the length of terms of certain directors to provide for staggered terms; in the section heading, added "Appointment of first", and after "board", deleted "district created by a board of county commissioners"; deleted "Notwithstanding any other provision of the Water and Sanitation District Act relating to election of the board, all", after "first board of any district", deleted "created pursuant to a petition signed by the chairman of the board of county commissioners of a county", after "county commissioners.", added "In a district consisting of multiple counties, the district judge shall designate how many members of the board will be appointed by each board of county commissioners.", after "The", added "first", after "terms of two directors expire", deleted "in one year" and added "within two years", after "three directors expire", deleted "in two" and added "within four", and after "shall be elected to", deleted "two-year".
The 2005 amendment, effective June 17, 2005, changed the former reference to "residents" to "taxpaying electors".
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 21 - Water and Sanitation Districts
Section 73-21-1 - [Declaration of purpose.]
Section 73-21-2 - Short title.
Section 73-21-3 - Purpose of water and sanitation districts.
Section 73-21-4 - Definitions.
Section 73-21-5 - Organization of district.
Section 73-21-7 - Bond of petitioners.
Section 73-21-8 - Notice of hearing on petition.
Section 73-21-9 - Hearing on petitions; election for organization and officers.
Section 73-21-10 - Filing decree.
Section 73-21-11 - [Board of directors; qualification; bond.]
Section 73-21-15 - Board increase; appointed members.
Section 73-21-15.1 - Appointment of first board.
Section 73-21-16 - General powers.
Section 73-21-18 - Levy and collection of taxes.
Section 73-21-19 - Levies to cover defaults and deficiencies.
Section 73-21-20 - Officers levy and collect taxes.
Section 73-21-21 - Sale for delinquencies; purchase by district.
Section 73-21-22 - Sinking fund.
Section 73-21-23 - Inclusion [of additional property].
Section 73-21-24 - Exclusion [from district].
Section 73-21-25 - Liability of property included or excluded.
Section 73-21-26 - Bonds; interest; form.
Section 73-21-27 - Community Service District Act provisions apply.
Section 73-21-28 - Board resolution; indebtedness; election.
Section 73-21-31 - Effect of election; subsequent elections.
Section 73-21-32 - Correction of faulty notices.
Section 73-21-33 - Early hearings.
Section 73-21-34 - Liberal construction.
Section 73-21-35 - Character of act.
Section 73-21-36 - Acquisition, construction or improvement of systems; joint revenue bonds.
Section 73-21-37 - Interest; maturity; form; method of sale.
Section 73-21-38 - Revenue bond issuance.
Section 73-21-39 - Bonds collectible from operating revenues.
Section 73-21-40 - Rates; bondholders' remedy and taxpayer elector.
Section 73-21-41 - Restricted use of bond funds.
Section 73-21-42 - Violations; penalties.
Section 73-21-43 - Validation; existing districts.
Section 73-21-44 - Sale of system; escrow of proceeds.
Section 73-21-45 - Refunding bonds.
Section 73-21-46 - Limitations upon issuance.
Section 73-21-47 - Proceeds of refunding bonds.
Section 73-21-48 - Refunding bonds; detail; form.
Section 73-21-49 - Combination of issues.
Section 73-21-50 - Tax levy for general obligation refunding bonds.
Section 73-21-51 - Applicability of other bond provisions.
Section 73-21-52 - Duties of local government division.
Section 73-21-53 - Use of bond proceeds restricted.
Section 73-21-54 - Board's determination final.
Section 73-21-55 - Districts not subject to utility laws; option to submit to regulation.