HOUSE JOINT RESOLUTION 6

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Max Coll

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 16 OF THE CONSTITUTION OF NEW MEXICO BY ADOPTING A NEW SECTION PROVIDING FOR LOCAL PUBLIC CONTROL OF PUBLIC WATER SUPPLIES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. It is proposed to amend Article 16 of the constitution of New Mexico by adding a new section to read:

          "A. A person or other legal entity, whether public or private, may not acquire a right to use the public waters of the state for a water supply system to furnish water to the public within the state unless the administration of the system, use of the water and rates for the water are governed by an elected governing body. The governing body shall consist of at least three members, and all members shall be residents of the municipality or area served by the water system and shall be elected by the qualified voters residing within the municipality or area served by the water system. The term of office for members of the governing body shall be six years or less. The members of a governing body of a political subdivision of the state may serve as the governing body of a water supply system owned or operated by the political subdivision.

          B. The provisions of this section shall not apply to a water supply system acquired before January 1, 2005, unless the water supply system is merged with, acquired by or its owners are succeeded by another person or legal entity on or after January 1, 2005."

      Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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