New Mexico § 62-9-1.1 - Additional authority with respect to water and sewer utilities

§ 62-9-1.1. Additional authority with respect to water and sewer utilities

A. Notwithstanding any other provision of the Public Utility Act, or any provision

of the Municipal Code, or any privilege granted under either act, if any municipality

that has not elected to come within the terms of the Public Utility Act, as provided

in Section 62-6-5 NMSA 1978 , constructs or extends or proposes to construct or extend its water or sewer line

or system or water pumping station or reservoir into a geographical area described

in a certificate of public convenience and necessity granted by the commission to

a public utility rendering the same type of service, the commission, on complaint

of the public utility claiming to be injuriously affected thereby, shall, after giving

notice to the municipality and affording the municipality an opportunity for a hearing

with respect to the issue of whether its water or sewer line, plant or system actually

intrudes or will intrude into the area certificated to the public utility, determine

whether such intrusion has occurred or will occur. If the commission determines such an intrusion has occurred or will occur, the municipality

owning or operating the water or sewer utility shall cease and desist from making

such construction or extension in the absence of written consent of the public utility

involved and approval of the commission. B. The authority and jurisdiction conferred by Subsection A of this section shall

be in addition and cumulative to the independent authority of the commission to determine

territorial disputes between public utilities and between mutual domestic water consumer

associations and public utilities as provided in Section 62-9-1 NMSA 1978 , which provisions shall govern the resolution of a territorial dispute between a

municipality that has elected to come within the terms of the Public Utility Act,

as provided in Section 62-6-5 NMSA 1978 , and any other public utility rendering the same type of service. Provided, however, in the event that a certificate of public convenience and necessity

granted to such a municipality overlaps, or conflicts with, a valid certificate previously

issued by the commission and exercised within the term required under Section 62-9-4 NMSA 1978 , the municipal utility shall be permitted to continue operation of its plant, line

and system in existence upon the effective date of this 1991 act and the other public

utility may continue service in the area covered by its certificate, subject to the

other provisions of the Public Utility Act. C. For purposes of this section, “municipality” means any municipality that has a

population of more than two hundred thousand as determined in the most recent federal

decennial census and is located in a class A county.