0001| HOUSE BILL 1094
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| GARY K. KING
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO WATER; AMENDING SECTIONS 62-9-1 AND 62-9-1.1 NMSA
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0012| 1978 (BEING LAWS 1941, CHAPTER 84, SECTION 46 AND LAWS 1991,
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0013| CHAPTER 143, SECTION 2, AS AMENDED) TO CLARIFY RESOLUTION OF
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0014| DISPUTES BETWEEN VARIOUS WATER PROVIDER AND USER ENTITIES.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 62-9-1 NMSA 1978 (being Laws 1941,
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0018| Chapter 84, Section 46, as amended) is amended to read:
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0019| "62-9-1. NEW CONSTRUCTION.--No public utility shall,
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0020| after the effective date of this 1941 act, begin the
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0021| construction or operation of any public utility plant or system
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0022| or of any extension of any plant or system without first
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0023| obtaining from the commission a certificate that public
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0024| convenience and necessity require or will require such
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0025| construction or operation. This section shall not be construed
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0001| to require any such public utility to secure a certificate for
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0002| an extension within any municipality or district within which
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0003| it lawfully commenced operations before the effective date of
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0004| this 1941 act or for an extension within or to territory
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0005| already served by it, necessary in the ordinary course of its
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0006| business, or for an extension into territory contiguous to that
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0007| already occupied by it and that is not receiving similar
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0008| service from another utility. Notwithstanding any other
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0009| provision of the Public Utility Act, as amended, or any
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0010| privilege granted under that act, if any public utility [or],
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0011| mutual domestic water consumer association organized under
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0012| former laws, an association that provides water service to its
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0013| member organized pursuant to the Sanitary Projects Act or a
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0014| water users association organized pursuant to the provisions of
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0015| Sections 73-5-1 through 73-5-9 NMSA 1978, in constructing or
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0016| extending its line, plant or system unreasonably interferes or
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0017| is about to unreasonably interfere with the service or system
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0018| of any other public utility [or], mutual domestic water
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0019| consumer association organized under former laws, an
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0020| association that provides water service to its member organized
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0021| pursuant to the Sanitary Projects Act or a water users
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0022| association organized pursuant to the provisions of Sections
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0023| 73-5-1 through 73-5-9 NMSA 1978, rendering the same type of
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0024| service, the commission, on complaint of the public utility or
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0025| [mutual domestic water consumer] other association claiming
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0001| to be injuriously affected, may, upon and pursuant to the ap-
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0002|
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0003| plicable procedure provided in Chapter 62, Article 10 NMSA
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0004| 1978, and after giving due regard to public convenience and
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0005| necessity, including but not limited to reasonable service
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0006| agreements between the utilities, make such order and prescribe
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0007| such terms and conditions in harmony with the Public Utility
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0008| Act and other applicable laws as are just and reasonable so
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0009| as to provide for the construction, development and extension,
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0010| without unnecessary duplication and economic waste."
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0011| Section 2. Section 62-9-1.1 NMSA 1978 (being Laws 1991,
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0012| Chapter 143, Section 2) is amended to read:
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0013| "62-9-1.1. ADDITIONAL AUTHORITY WITH RESPECT TO WATER AND
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0014| SEWER UTILITIES.--
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0015| A. Notwithstanding any other provision of the
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0016| Public Utility Act or any provision of the Municipal Code or
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0017| any privilege granted under either act, if any municipality
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0018| that has not elected to come within the terms of the Public
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0019| Utility Act, as provided in Section 62-6-5 NMSA 1978,
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0020| constructs or extends or proposes to construct or extend its
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0021| water or sewer line or system or water pumping station or
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0022| reservoir into a geographical area described in a certificate
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0023| of public convenience and necessity granted by the commission
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0024| to a public utility rendering the same type of service, the
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0025| commission, on complaint of the public utility claiming to be
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0001| injuriously affected thereby, shall, after giving notice to the
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0002| municipality and affording the municipality an opportunity for
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0003| a hearing with respect to the issue of whether its water or
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0004| sewer line, plant or system actually intrudes or will intrude
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0005| into the area certificated to the public utility, determine
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0006| whether such intrusion has occurred or will occur. If the
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0007| commission determines such an intrusion has occurred or will
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0008| occur, the municipality owning or operating the water or sewer
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0009| utility shall cease and desist from making such construction or
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0010| extension in the absence of written consent of the public
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0011| utility involved and approval of the commission.
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0012| B. The authority and jurisdiction conferred by
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0013| Subsection A of this section shall be in addition and
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0014| cumulative to the independent authority of the commission to
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0015| determine territorial disputes between public utilities and
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0016| between [mutual domestic water consumer] other associations
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0017| specified in Section 62-9-1 NMSA 1978 1978 and public
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0018| utilities [as provided in Section 62-9-1 NMSA 1978] which
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0019| cited provisions shall govern the resolution of a territorial
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0020| dispute between a municipality that has elected to come within
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0021| the terms of the Public Utility Act, as provided in Section 62-
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0022| 6-5 NMSA 1978, and any other public utility or association
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0023| specified in Section 62-9-1 NMSA 1978 rendering the same type
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0024| of service. Provided, however, in the event that a certificate
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0025| of public convenience and necessity granted to such a
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0001| municipality overlaps or conflicts with a valid certificate
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0002| previously issued by the commission and exercised within the
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0003| term required under Section 62-9-4 NMSA 1978, the municipal
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0004| utility shall be permitted to continue operation of its plant,
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0005| line and system in existence upon the effective date of this
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0006| 1991 act and the other public utility may continue service in
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0007| the area covered by its certificate, subject to the other
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0008| provisions of the Public Utility Act.
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0009| [C. For purposes of this section, "municipality"
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means any municipality that has a population of more than two
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hundred thousand as determined in the most recent federal
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decennial census and is located in a class A county.]"
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