New Mexico Statutes
N.M. Stat. § 3-29-3 (2026)
Purpose of act.
✓ current as of May 2026
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The purpose of the Sanitary Projects Act is to improve the public health of rural
communities in New Mexico by providing for the establishment and maintenance of a
political subdivision of the state that is empowered by the state to receive public funds
for acquisition, construction and improvement of water supply, reuse, storm drainage
and wastewater facilities in communities, and to operate and maintain such facilities for
the public good.
History: 1953 Comp., § 14-28-3, enacted by Laws 1965, ch. 300; 2004, ch. 121, § 1;
2006, ch. 60, § 2.
ANNOTATIONS
The 2006 amendment, effective March 6, 2006, rewrote the former section to delete
the former declaration of policy that the legislature will assist in providing sanitary
facilities and added that the purpose of the act is to improve public health of rural
communities by providing a political subdivision that is empowered to receive public
funds for sanitary projects.
The 2004 amendment, effective May 19, 2004, amended the last sentence to delete
"domestic" preceding "water supplies".
Mutual domestic water consumers associations are municipal corporations and
are therefore exempt from property taxes. — Article VIII, § 3 of the New Mexico
Constitution exempts from property taxes the property of municipal corporations, and
under current law mutual domestic water consumers associations (MDWCA), organized
pursuant to the Sanitary Projects Act, NMSA 1978, §§ 3-29-1 to 3-29-21, are municipal
corporations, as they are local political entities created pursuant to statute and
authorized to manage community water systems, and therefore the property of
MDWCAs is constitutionally exempt from property taxation. 2024 Op. Att'y Gen. No. 24-
06.Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1993–2025 · leading case: Moongate Water Co. v. DoÑa Ana Mut. Dom. Water Consumers Ass'n, 194 P.3d 755 (N.M. Ct. App. 2008).
Moongate Water Co. v. DoÑa Ana Mut. Dom. Water Consumers Ass'n, 194 P.3d 755 (N.M. Ct. App. 2008). “” Section 3-29-3. The district court ruled that Doña Ana was immune because “‘[l]ocal government’ includes ‘any other special function governmental unit established by state law[,]’ which clearly includes political subdivisions created under the SPA.”
El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n, 858 P.2d 1263 (N.M. 1993). “NMSA 1978, § 3-29-3 (Repl.Pamp. 1991). The SPA does not address service, rates, or the transfer of facilities by an existing public entity.”
GJ Ranches LLC v. Lumberton Mut. Dom. Water Consumers Ass'n (D.N.M. 2025). “Plaintiff alleges in their complaint that Defendant provides drinking water to the town of Lumberton by operating a water treatment plant via an easement in order to “produce, treat, pressurize, handle and deliver a safe and potable drinking water supply fit for human…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.