N.M. Stat. » Chapter 3 — Municipalities
New Mexico Statutes

N.M. Stat. § 3-27-3 (2026)

Potable; jurisdiction over water facilities and source

✓ laws through the 2025 session (retrieved May 2026)
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A. For the purpose of acquiring, maintaining, contracting for, condemning or protecting its water facilities and water from pollution, the jurisdiction of the municipality extends within and without its boundary to:

(1) all territory occupied by the water facilities; (2) all reservoirs, streams and other sources supplying the reservoirs and streams; and

(3) five miles above the point from which the water is taken.

B. In exercising its jurisdiction to acquire, maintain, contract for or condemn and protect the water facilities, the municipality shall not act so as to physically isolate and make nonviable any portion of the water facilities, within or without the municipality. The municipality may adopt any ordinance and regulation necessary to carry out the power conferred by this section.

History: 1953 Comp., § 14-26-3, enacted by Laws 1965, ch. 300; 1994, ch. 99, § 4; 2009, ch. 269, § 3.

ANNOTATIONS

Cross references. — For Eminent Domain Code, see 42A-1-1 to 42A-1-33 NMSA 1978.

The 2009 amendment, effective June 19, 2009, in Subsection B, after "contract for or condemn", added "and protect the water facilities".

The 1994 amendment, effective May 18, 1994, inserted "acquiring" and "contracting for, condemning or" in the introductory language, added the next to last paragraph, and made stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations § 1051.

Notes of Decisions
Cited in 2 cases, 2003–2006 · leading case: Smith v. City of Santa Fe, 2006-NMCA-048, 133 P.3d 866.
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Smith v. City of Santa Fe, 2006-NMCA-048, 133 P.3d 866. · cites it 4× “to -28 (1931, as amended through 1998); NMSA 1978, § 3-53-1 (1965) (granting municipalities the authority to regulate, inter alia, wells); NMSA 1978, § 3-53-2 (1965) (granting municipalities the authority to regulate *874 and restrict the use of water); NMSA 1978, § 3-27-1…”
City of Sunland Park v. Santa Teresa Servs. Co., 2003-NMCA-106, 75 P.3d 843. · cites it 2× “” STLP asserted such isolation would be contrary to NMSA 1978, Section 3-27-3(0 (1994) (“[T]he municipality shall not act so as to physically isolate and make nonviable any portion of the water facilities”).”
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