N.M. Stat. » Chapter 73 — Special Districts
New Mexico Statutes

N.M. Stat. § 73-21-1 (2026)

[Declaration of purpose.]

✓ current as of May 2026
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It is hereby declared that the organization of water and sanitation districts, having the purposes and powers provided in this act, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of said districts.

History: 1941 Comp., § 77-3401, enacted by Laws 1943, ch. 80, § 1; 1953 Comp., §

Notes of Decisions
Cited in 7 cases, 1981–2015 · leading case: Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995).
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Morningstar Water Users Ass'n v. New Mexico Pub. Util. Comm'n, 904 P.2d 28 (N.M. 1995). · cites it 2× “These are organized under NMSA 1978, §§ 73-21-1 to -55 (Repl.Pamp.1987 & Cum.”
Yarger v. Timberon Water & Sanitation Dist., 2002 NMCA 055 (N.M. Ct. App. 2002). · cites it 6× “See NMSA 1978, §§ 73-21-1, 12 (1943, as amended through 1985); El Dorado at Santa Fe, Inc.”
El Dorado Utils., Inc. v. Eldorado Area Water & Sanitation Dist., 109 P.3d 305 (N.M. Ct. App. 2005). · cites it 2× “BACKGROUND {3} The District is a water and sanitation district created pursuant to the Water and Sanitation District Act, NMSA 1978, §§ 73-21-1 to -54 (1943, as amended through 2003).”
Moongate Water Co. v. DoÑa Ana Mut. Dom. Water Consumers Ass'n, 194 P.3d 755 (N.M. Ct. App. 2008). · cites it 4× “The Water and Sanitation District Act (WSD Act), NMSA 1978, §§ 73-21-1 to -55 (1943, as amended through 2005), allows for the creation of “districts,” Section 73-21-3, which are defined in the following way: “[District” means a water and sanitation district that is established…”
Greentree Solid Waste Auth. v. Cnty. of Lincoln, 2016 NMCA 5 (N.M. Ct. App. 2015). · cites it 4× “The District is a water and sanitation district created pursuant to the Water and Sanitation District Act, NMSA 1978, §§ 73-21-1 to -55 (1943, as amended through 2013), which permits the establishment of community systems such as sewer, waste disposal, and waterworks systems.”
Lower Valley Water & Sanitation Dist. v. Pub. Serv. Co., 632 P.2d 1170 (N.M. 1981). · cites it 3× “Citizens in the Lower Valley of the San Juan River in San Juan County petitioned the district court for the creation of the Lower Valley Water and Sanitation District (Lower Valley) pursuant to the Water and Sanitation District Act, Sections 73-21-1 through 73-21-54, N.M.S.”
Hughes v. Timberon Water & Sanitation Dist., 1999 NMCA 136 (N.M. Ct. App. 1999). “§§ 73-21-1 to -54 (1943, as amended through 1993) (the Act).”
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