N.M. Stat. » N.M. Stat. / Chapter 3 / Article 29
New Mexico Statutes

N.M. Stat. § 3-29-2 (2026)

Definitions.

✓ current as of May 2026
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As used in the Sanitary Projects Act:

   A. "community" means a rural unincorporated community and includes a
combination of two or more rural unincorporated communities when they have been
combined for the purposes set forth in the Sanitary Projects Act;

   B. "association" includes an association or mutual domestic water consumers
association organized under Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws
1951, Chapter 52, as well as any association organized under the provisions of the
Sanitary Projects Act;

   C. "department" means the department of environment;

   D. "member" or "membership" means a person who has paid the appropriate fees
and has been issued a certificate as required by association bylaws;

   E. "person" means a single residence or property owner, as determined by the rules
adopted by the association's board of directors; and

  F. "project" means a water supply or reuse, storm drainage or wastewater facility
owned, constructed or operated by an association.

History: 1953 Comp., § 14-28-2, enacted by Laws 1965, ch. 300; 1971, ch. 277, § 26;
1977, ch. 253, § 44; 2000, ch. 56, § 1; 2006, ch. 60, § 1.

                                    ANNOTATIONS
Compiler's notes. — Laws 1947, ch. 206, referred to in Subsection B, was repealed by
Laws 1949, ch. 79, § 19. Laws 1949, ch. 79, referred to in Subsection B, was repealed
by Laws 1951, ch. 52, § 19. Laws 1951, ch. 52, referred to in Subsection B, was
repealed by Laws 1957, ch. 122, § 22.

The 2006 amendment, effective March 6, 2006, added mutual domestic water
consumers association as an "association" in Subsection B; deleted the definition of
"fund" in former Subsection D; added a new Subsection D to define "member" and
"membership"; added Subsection E to define "person"; and added Subsection F to
define "project".

The 2000 amendment, effective March 6, 2000, substituted "the department of
environment" for "the environmental improvement division of the health and
environment" in Subsection C.
Notes of Decisions
Cited in 3 cases, 1993–2008 · leading case: Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995).
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Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995). · cites it 2× “” Section 3-29-2(B). The 1947,1949, and 1951 laws are the direct lineal ancestors of the SPA The 1947 laws appear to have first created the entity called a “Mutual Domestic Water Consumers’ Association.”
El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 858 P.2d 1263 (N.M. 1993). · cites it 4× “Because this provision limits the right to membership in a given SPA association to "persons within the community" served by the association, the question presented in the instant case is whether water haulers living in the rural areas surrounding Cerrillos are persons within…”
Moongate Water Co. v. DoÑa Ana Mut. Dom. Water Consumers Ass'n, 194 P.3d 755 (N.M. Ct. App. 2008). “1; see § 3-29-2(C) (defining “department” as “department of the environment”).”
— N.M. Stat. § 3-29-2(A) — 1 case
El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 858 P.2d 1263 (N.M. 1993). “Because this provision limits the right to membership in a given SPA association to "persons within the community" served by the association, the question presented in the instant case is whether water haulers living in the rural areas surrounding Cerrillos are persons within…”
— N.M. Stat. § 3-29-2(B) — 1 case
Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995). “” Section 3-29-2(B). The 1947,1949, and 1951 laws are the direct lineal ancestors of the SPA The 1947 laws appear to have first created the entity called a “Mutual Domestic Water Consumers’ Association.”
— N.M. Stat. § 3-29-2(C) — 1 case
Moongate Water Co. v. DoÑa Ana Mut. Dom. Water Consumers Ass'n, 194 P.3d 755 (N.M. Ct. App. 2008). “1; see § 3-29-2(C) (defining “department” as “department of the environment”).”
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