HOUSE BILL 40

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Paul C. Bandy

FOR THE WATER AND NATURAL RESOURCES COMMITTEE

AN ACT

RELATING TO MUNICIPALITIES; PROHIBITING, IN CERTAIN CASES, THE POWERS OF MUNICIPALITIES TO CONDEMN PROPERTY OUTSIDE MUNICIPAL BOUNDARIES; LIMITING MUNICIPAL JURISDICTION IN CERTAIN SITUATIONS; CHANGING ANNEXATION PROCEDURES FOR CERTAIN MUNICIPALITIES.

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

     Section 1. Section 3-7-17 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-7-17, as amended) is amended to read:

     "3-7-17. ANNEXATION--PETITION BY OWNERS OF CONTIGUOUS TERRITORY--DUTY OF GOVERNING BODY--ORDINANCE--APPEAL.--

          A. Except as provided in Sections 3-7-17.1 and

3-57-4 NMSA 1978, whenever a petition:

                (1) seeks the annexation of territory contiguous to a municipality;

                (2) is signed by the owners of a majority of the number of acres in the contiguous territory;

                (3) is signed by a majority of the owners of land in the contiguous territory;

                [(3)] (4) is accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality; and

                [(4)] (5) is presented to the governing body,

the governing body shall by ordinance express its consent or rejection to the annexation of such contiguous territory.

          B. If the ordinance consents to the annexation of the contiguous territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the county clerk. After the filing, the contiguous territory is part of the municipality. The clerk of the municipality shall also send copies of the ordinance annexing the territory and of the plat of the territory so annexed to the secretary of finance and administration and to the secretary of taxation and revenue.

          C. Within thirty days after the filing of the copy of the ordinance in the office of the county clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. If no appeal to the district court is filed within thirty days after the filing of the ordinance in the office of the county clerk or if the court renders judgment in favor of the municipality, the annexation shall be deemed complete."

     Section 2. Section 3-27-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-26-1) is amended to read:

     "3-27-1. POTABLE--AUTHORITY TO ACQUIRE AND OPERATE WATER FACILITIES.--

          A. A municipality, within and without the municipal boundary, may:

                [A.] (1) acquire water facilities [which] that may include but are not limited to:

                     [(1)] (a) wells, cisterns and reservoirs;

                     [(2)] (b) distribution pipes and ditches;

                     [(3)] (c) pumps;

                     [(4) right] (d) rights of way;

                     [(5)] (e) water treatment [plant] plants; and

                     [(6)] (f) their necessary appurtenances; and

                [B.] (2) use and supply water for:

                     [(1)] (a) sewer purposes;

                     [(2)] (b) private use; and

                     [(3)] (c) public use.

          B. In acquiring private property pursuant to this section, a municipality may exercise the power of eminent domain pursuant to the procedures of the Eminent Domain Code, but nothing in this section gives a municipality the right to condemn wells, cisterns, reservoirs, distribution pipes and ditches, springs, streams, water or water rights outside the boundaries of the municipality."

     Section 3. Section 3-27-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-26-2, as amended) is amended to read:

     "3-27-2. POTABLE--METHODS OF ACQUISITION--CONDEMNATION CONVEYANCES AUTHORIZED--LAND FOR APPURTENANCES--PUBLIC AND PRIVATE USE--COMPENSATION.--

          A. Municipalities [within and without the municipal boundary] may:

                (1) within the municipal boundary, acquire, contract for or condemn:

                     (a) springs;

                     (b) wells;

                     (c) water rights;

                     (d) other water supplies; and

                     (e) [right-of-way] rights of way or other necessary ownership for the acquisition of water facilities; and

                (2) within and without the municipal boundary, acquire, maintain, contract for or condemn for use [as] by a municipal utility [privately owned water facilities used or to be used] property and rights of way for the construction, maintenance and operation of reservoirs, canals, ditches, flumes, aqueducts, pipelines or other works for the storage or conveyance of water for the furnishing and supply of water to the municipality or its inhabitants [and

                (3)] or change the place of diversion of any water to any place selected by the municipality in order to make the water available to the municipality.

          B. For the purposes stated in Section 3-27-3 NMSA 1978, a municipality may take water from any stream, gulch or spring. If the taking of the water materially interferes with or impairs the vested right of any person [who resides upon] to the creek, gulch or stream or [does] to any milling or manufacturing on the creek, gulch or stream, the municipality shall obtain the consent of the person with the vested right or, if the affected vested right is entirely within the boundaries of the municipality, acquire the vested right by condemnation and make full compensation or satisfaction for all damages occasioned to the person.

          C. Any person may lawfully convey to any municipality any water, water right and ditch right or any interest in any water, water right and ditch right held or claimed by the grantor. No change or use of the:

                (1) water;

                (2) water right;

                (3) place of diversion; or

                (4) purpose for which the water or water right was originally acquired by the grantor, shall invalidate the right of the municipality to use the water or water right.

          D. Proceedings to obtain any condemnation authorized in this section shall be in the manner provided by law."

     Section 4. Section 3-27-3 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-26-3, as amended) is amended to read:

     "3-27-3. POTABLE--JURISDICTION OVER WATER FACILITIES AND SOURCE.--For the purpose of [acquiring] maintaining [contracting for, condemning] or protecting its water facilities and water from pollution, the jurisdiction of the municipality extends within and without its boundary to:

          A. all territory occupied by the water facilities; and

          B. all reservoirs, streams and other sources supplying the reservoirs and streams [and

          C. five miles above the point from which the water is taken] within its planning and platting jurisdiction.

     In exercising its jurisdiction to [acquire] maintain [contract for or condemn] and protect the water facilities, the municipality shall not act so as to physically isolate and make nonviable any portion of the water facilities, within or without the municipality. The municipality may adopt any ordinance and regulation necessary to carry out the power conferred by this section."

- 7 -