New Mexico Statutes

N.M. Stat. § 3-29-11 (2026)

Membership.

✓ current as of May 2026
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All persons within a community who participate or desire to participate in any project
may become members of an association upon complying with the rules and regulations
prescribed by the board of directors of the association, such rules and regulations to
meet with the approval of the department. Any person or persons who did not
participate in an original project shall be admitted to membership in an association upon
payment to the association of a reasonable fee as determined by the board of directors
and the department.

History: 1953 Comp., § 14-28-11, enacted by Laws 1965, ch. 300.

                                    ANNOTATIONS

Rural water haulers entitled to membership. — Water haulers who reside in the rural
areas surrounding a village served by a Sanitary Projects Act (SPA) association and
depend exclusively upon the association's water system for water have a right under the
SPA to become members of the association. 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.

All residents of the village should be given equal opportunity to join the new or
reorganized association. This is the intent of the Sanitary Projects Act (Chapter 3,
Article 29 NMSA 1978), particularly by virtue of this section. 1961 Op. Att'y Gen. No. 61-
44.
Notes of Decisions
Cited in 2 cases, 1993–2008 · leading case: El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 858 P.2d 1263 (N.M. 1993).
El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 858 P.2d 1263 (N.M. 1993). · cites it 2× “See § 3-29-11; N.M. Att'y Gen. Op. 61-44 (1961).”
Moongate Water Co. v. DoÑa Ana Mut. Dom. Water Consumers Ass'n, 194 P.3d 755 (N.M. Ct. App. 2008). · cites it 3× “” Section 3-29-11. The SPA also controls the project planning process and the procedure for contracting a project.”
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