Chapter 73 — Chapter 73

A. Within thirty days after the petition has been filed with the board of supervisors, it shall cause due notice to be given by publication for three consecutive weeks, once a week on the same day of each week, immediately prior to the action in a newspaper of general circulation…

After the board of supervisors has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for creation of the proposed watershed district, it shall consider the question whether the operation of a district within the propos…

It is hereby declared that the organization of water and sanitation districts, having the purposes and powers provided in this act, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of said districts. History:…

Within thirty days after the said district has been declared a corporation by the court, the clerk of the court shall transmit to the county clerk and recorder in each of the counties in which the district or a part thereof may be or extend, copies of the findings and the decree …

Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed $1,000 each, the form thereof to be fixed and…

officers[; removal of directors]. After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of t…

The board shall meet once each month at a time and place to be designated by the board. Special meetings may be held as often as the needs of the district require on notice to each member of the board. A majority of the board shall constitute a quorum at any meeting. Any vacancy …

A. In any district, except a district created pursuant to a petition signed by the chair of the board of county commissioners of a county, in accordance with the Local Election Act [Chapter 1, Article 22 NMSA 1978] there shall be elected by the qualified electors of the district …

A. In every district, three members of the board shall be elected by the qualified electors pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. B. In those districts that have five board members, the board may by resolution designate two board …

Members of the first board of any district shall be appointed by the board of county commissioners. In a district consisting of multiple counties, the district judge shall designate how many members of the board will be appointed by each board of county commissioners. The first b…

For and on behalf of the district, the board shall have the following powers: A. to have perpetual existence; B. to have and use a corporate seal; C. to sue and be sued and be a party to suits, actions and proceedings; D. except as otherwise provided in the Water and Sanitation D…

In addition to the other means of providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect ad valorem taxes on and against all taxable property within the district. History: 1941 Comp., § 77-3415, enacted by Laws 1943, …

To levy and collect taxes, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation …

The board in certifying annual levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for th…

Chapter 73, Article 21 NMSA 1978 may be cited as the "Water and Sanitation District Act". History: 1953 Comp., § 75-18-1.1, enacted by Laws 1977, ch. 345, § 1; 2005, ch. 167, § 1.

It shall be the duty of the body having authority to levy taxes within each county, to levy taxes provided in this act and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like in…

If the taxes levied are not paid as herein provided, then delinquent real property shall be sold at the regular tax sale for the payment of the taxes, interest and penalties, in the manner provided by law for selling property for the nonpayment of general taxes. The board of dire…

Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maint…

The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges w…

The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petition shall describe the property which the petitioners desire to have excluded. Such pet…

All taxable property annexed to a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of the annexation. Real property excluded from a district shall thereafter be subject to the levy of taxes for t…

To carry out the purposes of the Water and Sanitation District Act, the board may issue bonds of the district upon approval of the majority of the qualified electors of the district voting on the question pursuant to the provisions of the Local Election Act [Chapter 1, Article 22…

With respect to the issuance of any negotiable securities representing an indebtedness of the water and sanitation district, the provisions and procedures set forth in the Community Service District Act [Chapter 4, Article 54 NMSA 1978] shall apply. History: 1953 Comp., § 75-18-2…

Whenever the board shall, by resolution, determine that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the Unit…

History: 1941 Comp., § 77-3426, enacted by Laws 1943, ch. 80, § 26; 1953 Comp., § 75-18-26; repealed by Laws 2018, ch. 79, § 175.

Water and sanitation districts may be created for the purpose of: A. purchasing, acquiring, establishing or constructing waterworks to supply water for domestic, commercial and industrial purposes by any available means to persons within and without the boundaries of the district…

History: 1941 Comp., § 77-3427, enacted by Laws 1943, ch. 80, § 27; 1953 Comp., § 75-18-27; repealed by Laws 2018, ch. 79, § 175.

In the event that it appears from the returns that a majority of the qualified electors of the district have voted in favor of the ballot question, the district shall then be authorized to incur the indebtedness or the obligations, enter into the contract or issue and sell the bo…

In any and every case where a notice is provided for in this act, if the court finds any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case or…

All cases in which there may arise a question of the validity of the organization of a district, or a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. Th…

This act being necessary to secure and preserve the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes. History: 1941 Comp., § 77-3431, enacted by Laws 1943, ch. 80, § 31; 1953 Comp., § 75-18-31.

No part of this act shall repeal or affect any other act or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objects, and not an exclusive one. History: 1941 Comp., § 77-3432, enacted by Laws 1943, ch. 80, § 33; 1953 Comp., § …

joint revenue bonds. A. Whenever the board of a district shall, by resolution, determine that interest or necessity requires the acquisition, construction, repair, extension, improvement or betterment of a water system, sewer system or other fee-for-service system, districts are …

A. Revenue bonds issued under the provisions of the Water and Sanitation District Act shall bear interest at not to exceed six percent per year, payable annually or semiannually, shall be payable at the option of the district, at the end of ten years from the date thereof; and du…

The board of a district issuing revenue bonds under the provisions of the Water and Sanitation District Act may authorize the issuance of the bonds by resolution adopted by the affirmative vote of two-thirds of all the members of the board at a regular or special meeting called f…

It is declared that revenue bonds, issued under the provisions of the Water and Sanitation District Act, except for those general obligation bonds described in Section 73-21-43 NMSA 1978, shall not be considered to be general obligations of the district issuing them and shall be …

As used in the Water and Sanitation District Act: A. "board" means the board of directors of a district; B. "district" means a water and sanitation district that is established pursuant to the Water and Sanitation District Act and that is either entirely within or partly within a…

The board of each district issuing revenue bonds under the provisions of the Water and Sanitation District Act shall establish rates or fees for services rendered by the district utility systems to create an income sufficient to pay all reasonable expenses of operation and create…

Whenever under the provisions of the laws of this state a district obtains money or credits from the issuance of its bonds or other evidence of indebtedness for the purpose of the purchase, construction or extension or repair of district utilities in the district, it shall be unl…

The members of any board and any officer or agent of any district violating the provisions of the Water and Sanitation District Act shall be deemed guilty of a misdemeanor and upon conviction in the district court shall be subject to a fine not to exceed five hundred dollars ($50…

All districts previously created under the provisions of the Water and Sanitation District Act and all proceedings previously taken by the districts, including any elections that may have been held in the districts on the question of the issuance of bonds and that have carried, a…

A district may sell or otherwise dispose of all or any part of its water facilities, sewer facilities or both, including both real and personal property, without an election. A sale or other disposition of district facilities shall be authorized by resolution adopted by the affir…

A. Any bonds issued by any district may be refunded in the name of the district issuing the bonds being refunded without an election by the district issuing them or any successor bonds. B. The issuance of refunding bonds shall be to: (1) refund, pay and discharge all or any part …

No bonds shall be refunded under the Water and Sanitation District Act unless the bonds either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds, or unless the holders of them voluntarily surrender them…

A. The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds being refunded or be placed in escrow in a commercial bank or trust company, either a state or national banking institution that possesses and is exercising trust powers, that is…

Refunding bonds shall bear interest payable annually or semiannually, and the refunding bonds shall be due and payable either as term or serial bonds as determined by the board; provided that no refunding bond shall mature more than twenty-five years from the date of the refundin…

Bonds for refunding one or more issues originally authorized for one or more purposes and bonds for any other purpose authorized in the Water and Sanitation District Act may be issued separately or issued in combination in one series or more by any district. Bonds payable solely …

Subject to the procedures set forth in the Special District Procedures Act [Chapter 4, Article 53 NMSA 1978], where applicable, the district court sitting in and for any county in this state may establish districts which may be entirely within or partly within and partly without …

For the purpose of paying the principal of, any interest on or any prior redemption premium in connection with, any of the district's general obligation refunding bonds, the board may levy and collect general ad valorem taxes on and against all taxable property within the distric…

Except as otherwise provided in Sections 73-21-45 through 73-21-50 NMSA 1978, as hereafter amended from time to time, the limitations appertaining to the issuance and the terms and conditions of refunding bonds shall be the same as those provided in Sections 73-21-1 through 73-21…