New Mexico Statutes

N.M. Stat. § 4-36-8 (2026)

Class B county; sewer and water utility

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A. Any class B county of the state having a population of more than ninety-eight thousand but less than one hundred thousand, according to the last federal decennial census, and having a net taxable value for rate-setting purposes for the 1991 property tax year of more than one billion four hundred million dollars ($1,400,000,000) but less than one billion five hundred million dollars ($1,500,000,000) shall be permitted to purchase, own, operate and sell sewer and water utilities. Such class B counties shall not purchase, own, operate or sell any other utilities. B. In the operation of a sewer or water utility by a class B county, the county shall set just and reasonable rates based on cost of service.

History: 1978 Comp., § 4-36-8, enacted by Laws 1993, ch. 308, § 1.

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995).
Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995). · cites it 2× “” NMSA 1978, § 4-36-8(A) (Cum.Supp.1995). Water for exclusively personal use.”
N.M. Stat. § 4-36-8(A): 1 case
Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995). “” NMSA 1978, § 4-36-8(A) (Cum.Supp.1995). Water for exclusively personal use.”
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