N.M. Stat. » N.M. Stat. / Chapter 3 / Article 7
New Mexico Statutes

N.M. Stat. § 3-7-2 (2026)

Extension of utility service by municipality or other utility.

✓ current as of May 2026
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A municipal utility or a utility under the jurisdiction of the New Mexico public utility
commission and having a franchise from the municipality may extend service to territory
annexed by the municipality. If the territory annexed to the municipality is being served
by a utility under the jurisdiction of the New Mexico public utility commission and the
municipality is being served by another utility under the jurisdiction of the New Mexico
public utility commission, the New Mexico public utility commission shall determine
which utility under its jurisdiction shall serve the territory annexed to the municipality.
The municipality shall grant a franchise to the utility that is to serve the territory annexed
to provide utility service in the territory annexed upon such terms as are fair, just and
equitable to all parties concerned.

History: 1953 Comp., § 14-7-2, enacted by Laws 1965, ch. 300; 1993, ch. 282, § 2.

                                      ANNOTATIONS

The 1993 amendment, effective June 18, 1993, substituted "New Mexico public utility
commission" for "New Mexico public service commission" throughout this section and
substituted "that" for "which" in the last sentence.
Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: MOONGATE WATER CO. v. City of Las Cruces, 2009-NMCA-117, 219 P.3d 517.
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MOONGATE WATER CO. v. City of Las Cruces, 2009-NMCA-117, 219 P.3d 517. · cites it 5× “NMSA 1978, Section 3-42-2(A) (1965) (stating that “the governing body shall, without a vote by the electorate” grant a franchise “[i]f previous to the incorporation of a municipality, the board of county commissioners has granted” a franchise); NMSA 1978, § 3-7-2 (1993) (“The…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.