New Mexico Statutes

N.M. Stat. § 75-1-2 (2026)

Definitions

✓ current as of May 2026

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As used in the Rural Infrastructure Act:

A. "department" means the department of environment;

B. "fund" means the rural infrastructure revolving loan fund;

C. "local authority" means a mutual domestic association or water and sanitation district that supplies water, wastewater or solid waste services to, or a municipality that has, a population of less than twenty thousand or a county with a population of less than two hundred thousand;

D. "operate and maintain" means all necessary activities, including replacement of equipment or appurtenances to assure the dependable and economical function of a facility in accordance with its intended purpose;

E. "secretary" means the secretary of environment;

F. "solid waste facility" includes transfer and convenience facilities, landfills or other equipment or systems used for the processing, transformation, recycling or disposal of solid waste; G. "wastewater facility" includes collection lines, pumping equipment, treatment works and disposal piping or process units; and

H. "water supply facility" includes the source of supply of water, pumping equipment, storage facilities, transmission lines, treatment works and distribution systems.

History: 1953 Comp., § 75-41-2, enacted by Laws 1973, ch. 333, § 2; 1977, ch. 253, § 75; 1979, ch. 219, § 1; 1983, ch. 173, § 2; 1987, ch. 175, § 1; 1988, ch. 28, § 2; 1991, ch. 208, § 1; 2001, ch. 250, § 1; 2001, ch. 265, § 1; 2007, ch. 342, § 1.

ANNOTATIONS

The 2007 amendment, effective July 1, 2007, eliminates an incorporated city, town or village and county and public water cooperative associations from the definition of “local authority”; defines “local authority” to mean associations or districts that supply water, wastewater or sold waste services to municipalities with a population less than 20,000 or a county with a population less than 200,000; and adds Subsection F.

2001 amendments. — Identical amendments to this section were enacted by Laws 2001, ch 250, § 1 and Laws 2001, ch. 265, § 1, effective June 15, 2001, rewriting Subsection A, which formerly read "'division' means the environmental improvement division of the health and environment department"; deleting Subsection B, which defined "board", adding Subsections F and G, and renumbering the remaining subsections accordingly.

The 1991 amendment, effective July 1, 1991, deleted " 'agency' or" at the beginning of Subsection A and inserted "but is not limited to" in Subsection F.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 241.

Notes of Decisions

Cited in 3 cases, 1959–1977 · leading case: State Ex Rel. Reynolds v. Mendenhall, 362 P.2d 998 (N.M. 1961).

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State Ex Rel. Reynolds v. Mendenhall, 362 P.2d 998 (N.M. 1961). · cites it 4× “Also, it was determined that the fact certain steps were taken under the 1907 law did not amount to an appropriation thereunder, and then concluded that since the 1907 law in § 2 (§ 75-1-2, N.M.S.A.1953) and § 59 (§ 75-8-1, N.”

Holguin v. Elephant Butte Irrigation Dist., 575 P.2d 88 (N.M. 1977). “The Reclamation Act declared that irrigation water is appurtenant to the land which is being irrigated and states that “beneficial use shall be the basis, the measure, and the limit of the right.”

Cartwright v. Pub. Serv. Co. of New Mexico, 343 P.2d 654 (N.M. 1959). · cites it 2× “" This statement by this Court was merely following the language of the 1907 water law, § 75-1-2, N.M.S.A. 1953. But even just as important, the 1907 water law followed this Court's pronouncement as to what is appropriation and use of water, in an unbroken line of decisions…”

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