HOUSE FLOOR SUBSTITUTE FOR

HOUSE JOINT RESOLUTION 6

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

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:

     "Commencing January 1, 2005, a bona fide offer of sale or acceptance of purchase or transfer of ownership, operation or management of a public or private water system shall be void unless first offered on the same terms and conditions to the community served. The offer shall provide a reasonable time for the community to establish, if not already existing, a public entity and financing to accept the offer. At least fair market value shall be paid, plus reasonable interest, to compensate for any unreasonable delay in sale caused by this first right of refusal."

     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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