New Mexico Statutes
N.M. Stat. § 4-53-3 (2026)
County special district commission.
✓ current as of May 2026
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A. There shall be created in each county of the state a "county special district
commission" consisting of five members selected as follows:
(1) two members appointed by the board of county commissioners, each of
whom shall represent the county and shall be a county officer;
(2) two members appointed by the mayors or chief executives of all
municipalities within the county at a joint meeting, each of whom shall represent the
municipalities and shall be a city officer; and
(3) one member appointed by the other four members of the commission,
who shall be chairman of the commission and shall represent the general public in the
county. If within five days following their appointment, the four other members of the
commission fail to appoint the fifth member of the commission, the district court of the
county in which the commission is located shall appoint the fifth member of the
commission within ten days following the date of the appointment of the four other
members of the commission.
B. The term of each member shall be four years and until the appointment and
qualification of his successor, except that the term of each county officer and each city
officer shall expire upon the termination of his county or city office. Any city or county
member may be removed by his appointing authority.
C. Vacancies on the commission shall be filled for the unexpired term by the
appointing authority which originally appointed the member whose position has become
vacant. Commission members shall serve without compensation but shall be
reimbursed the actual amounts for their reasonable and necessary expenses incurred in
attending meetings and in performing the duties of their office, which amounts shall not
exceed the amounts permitted for such purposes in the Per Diem and Mileage Act [10-
8-1 to 10-8-8 NMSA 1978].
D. Prior to establishment of a commission in a county, any proposals for the
creation of a special district, or petition for the merger, consolidation or dissolution of an
existing special district shall be submitted to the county clerk as otherwise provided in
the Special District Procedures Act. Upon receipt of the proposal or petition the clerk
shall immediately notify the board of county commissioners of the county and each of
the governing authorities of all municipalities in the county of such receipt. The counties
and municipalities shall then proceed to establish a commission.
History: 1953 Comp., § 15-53-3, enacted by Laws 1965, ch. 291, § 3.Notes of Decisions
Cited in 2
cases, 2008–2015 · 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). “See §§ 4-53-3 to -11. The SPA has its own procedures for establishing associations, and the associations remain under the supervision of the department of the environment.”
Greentree Solid Waste Auth. v. Cnty. of Lincoln, 2016 NMCA 5 (N.M. Ct. App. 2015). “See NMS A 1978, § 4-53-3(A)(l) (1965). Thus, the County in the present case played no role in the creation of the District or the District’s assumption of solid waste management.”
— N.M. Stat. § 4-53-3(A)(l) — 1 case
Greentree Solid Waste Auth. v. Cnty. of Lincoln, 2016 NMCA 5 (N.M. Ct. App. 2015). “See NMS A 1978, § 4-53-3(A)(l) (1965). Thus, the County in the present case played no role in the creation of the District or the District’s assumption of solid waste management.”
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