N.M. Stat. § 3-29-12 (2026)

A. The local administration of the association and the operation and maintenance of
the project shall be carried out in each community by a board of directors composed of
an odd number of at least three members. Members of the board of directors shall:
       (1)    be elected annually or as specified in the bylaws of the association;

       (2)    be members in good standing of the association; and

       (3)     serve staggered terms of up to four years to ensure that terms will end in
different election years.

   B. The board of directors shall choose among its members a president, a vice
president and a secretary-treasurer or a secretary and a treasurer.

    C. Funds sufficient to provide for proper operation and maintenance of the
association shall be identified through a rate-setting analysis that will ensure enough
revenue to cover yearly expenses and emergencies, a reserve fund for non-major
capital items and equitable pay for staff. The rate-setting analysis may be reviewed and
changed if necessary on a yearly basis, and the funds shall be obtained by the
association by a monthly assessment against the users of the facilities, the assessment
to be determined by the board of directors.

   D. The board of directors of the association shall have power to do all things
necessary in the local administration of any project subject to the provisions of the
Sanitary Projects Act.

History: 1953 Comp., § 14-28-12, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 6;
2006, ch. 60, § 8.

                                     ANNOTATIONS

The 2006 amendment, effective March 6, 2006, in Subsection A, changed the number
of members of the board of directors from five to an odd number of at least three
members; deleted the provision of Subsection A that provided for the election and terms
of office of members of the board of directors; added Paragraphs (1) through (3) of
Subsection A to provide for the election, qualifications and terms of office of members of
the board of directors; provided in Subsection B for a secretary and a treasurer; in
Subsection C, deleted the requirement that a foreman be appointed for projects and
added the provision that funds be identified through a rate-setting analysis; and deleted
former Subsection E, which provided that an association must be formed and a board of
directors chosen before any community may participate in any benefits.

In seeking a new election, mandamus would seem to be a proper remedy since it
appears that a domestic water consumers association is a local public body for the
purposes of regulation under the Sanitary Projects Act (Chapter 3, Article 29 NMSA
1978), primarily because the act itself provides for the establishment of such
associations, provides for board of directors elections and provides for the contribution
of state funds to be used as a portion of the initial cost of building water and sewer
facilities. 1961 Op. Att'y Gen. No. 61-37.
3-29-13. Existing associations.
   Associations organized under the provisions of Laws 1947, Chapter 206, Laws
1949, Chapter 79 or Laws 1951, Chapter 52 shall have the same powers and duties as
associations organized under the provisions of the Sanitary Projects Act; provided that
the articles of incorporation shall be amended in accordance with the provisions of
Section 3-29-19 NMSA 1978.

History: 1953 Comp., § 14-28-13, enacted by Laws 1965, ch. 300; 2006, ch. 60, § 9.

                                    ANNOTATIONS

Repeals. — Laws 1947, ch. 206, referred to in this section, was repealed by Laws
1949, ch. 79, § 19. Laws 1949, ch. 79, referred to in this section, was repealed by Laws
1951, ch. 52, § 19. Laws 1951, ch. 52, referred to in this section, was repealed by Laws
1957, ch. 122, § 22.

The 2006 amendment, effective March 6, 2006, deleted the provision that associations
shall be eligible for benefits for construction of sewers and treatment plants without
organizing a new association.