N.M. Stat. § 3-29-6 (2026)

A. The board of directors of each association shall be responsible for the acquisition
or purchase of all property, rights of way, equipment and materials as may be
necessary for the completion of a project. The directors shall act on behalf of the
association and as its agents. The association, acting through its board of directors,
may exercise the right of eminent domain to take and acquire the necessary property or
rights of way for the construction, maintenance and operation of water and sewer lines
and related facilities, but such property and rights of way shall in all cases be so located
as to do the least damage to private and public property consistent with proper use and
economical construction. Such property or rights of way shall be acquired in the manner
provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. In
accordance with Sections 42A-1-8 through 42A-1-12 NMSA 1978, engineers, surveyors
and other persons under contract with the board for the purposes of the project shall
have the right to enter upon property of the state, its political subdivisions, private
persons and private and public corporations for the purpose of making necessary
surveys and examinations for selecting and locating suitable routes for water and sewer
lines and facilities.

    B. The board of directors of the association may set and, from time to time, increase
or adjust assessments, water and sewer rates, tolls or charges for services or facilities
furnished or made available by the association. The assessments, tolls and charges
may include:

      (1)    membership fees;

      (2)    a base monthly service fee for each active connection delivering water;

      (3)    a base monthly service fee for each inactive connection;

       (4)   a standby charge for the privilege of connecting into the association's
water service at some date in the future;

      (5)    assessments based on the volume of water delivered;

      (6)    a connection charge; and

      (7)    an assessment necessary to cover the cost of extending either water or
sewer service.

    C. The board of directors of the association may place a lien on property to which
services have been extended in the amount of all outstanding assessments, charges
and fees associated with the services. The board of directors may enforce the lien in a
manner provided by the laws of the state. In the event the board of directors is forced to
enforce the lien in a court of competent jurisdiction in New Mexico, the board of
directors shall be entitled to recover all costs and attorney fees.

    D. After notice is given, the board of directors of the association shall shut off
unauthorized connections, illegal connections or a connection for which charges are
delinquent in payment. The board of directors may file suit in a court of competent
jurisdiction to recover costs associated with an unauthorized or illegal connection or
delinquent connection, including the cost of water delivered, charges for facility
connection and disconnection, damages and attorney fees.

   E. The board of directors of the association shall prescribe and enforce rules for the
connection to and disconnection from properties of facilities of the association.
   F. Each member of the board of directors of the association shall complete training,
as determined by rules of the department.

History: 1953 Comp., § 14-28-6, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 3;
1981, ch. 125, § 39; 2006, ch. 60, § 5.

                                     ANNOTATIONS

Cross references. — For constitutional provision on eminent domain, see N.M. Const.,
art. II, § 20.

The 2006 amendment, effective March 6, 2006, deleted in Subsection A the
requirement that the environmental improvement division approve actions of the
association and the requirements for approvals of payments from the fund; added
Subsection B to authorize the board of directors to impose and change assessments,
rates, tolls or charges for services or facilities; added Paragraphs (1) through (7) of
Subsection B to list examples of such charges; added Subsection C to provide for liens
to secure payment of charges; added Subsection D to provide for termination of service;
added Subsection E to provide for rules of connections and disconnections; and added
Subsection F to provide for training.