N.M. Stat. » N.M. Stat. / Chapter 4 / Article 36
New Mexico Statutes

N.M. Stat. § 4-36-10 (2026)

Class A county; sewer and water utility; operation

✓ current as of May 2026
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authorization.
    A. A class A county having a population of more than one hundred thirty-five
thousand but less than four hundred eighty-one thousand according to the last federal
decennial census, and having a 1993 net taxable value of property, as that term is
defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of at least
one billion one hundred thirty-one million dollars ($1,131,000,000) but not more than
five billion two hundred million dollars ($5,200,000,000) may establish, purchase, own
and operate sewer and water utilities and sell water and sewer utility service.
   B. In the operation of a sewer or water utility, the county shall set just and
reasonable rates based on its cost of service.

History: 1978 Comp., § 4-36-10, enacted by Laws 1996, ch. 83, § 1.
Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: City of Sunland Park v. MacIas, 75 P.3d 816 (N.M. Ct. App. 2003).
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City of Sunland Park v. MacIas, 75 P.3d 816 (N.M. Ct. App. 2003). · cites it 4× “The first challenge, made in an oral motion, questioned whether the County’s net taxable value was sufficient to grant it the necessary Class A status to operate a water and sewer utility under Section 4-36-10. The court in the Pope case, however, specifically found that the…”
— N.M. Stat. § 4-36-10(A) — 1 case
City of Sunland Park v. MacIas, 75 P.3d 816 (N.M. Ct. App. 2003). “The first challenge, made in an oral motion, questioned whether the County’s net taxable value was sufficient to grant it the necessary Class A status to operate a water and sewer utility under Section 4-36-10. The court in the Pope case, however, specifically found that the…”
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