New Mexico § 74-1-13 - Water conservation fee; imposition; definitions

§ 74-1-13. Water conservation fee; imposition; definitions

A. There is imposed on every person who operates a public water supply system a water

conservation fee in an amount equal to three cents ($.03) per thousand gallons of

water produced on which the fee imposed by this subsection has not been paid. B. The “water conservation fund” is created in the state treasury and shall be administered

by the department. The fund shall consist of water conservation fees collected pursuant to this section. Balances in the fund at the end of any fiscal year shall not revert to the general

fund but shall accrue to the credit of the fund. Earnings on the fund shall be credited to the fund. C. Money in the water conservation fund is appropriated to the department for administration

of a public water supply program to: (1) test public water supplies for the contaminants required to be tested pursuant

to the provisions of the federal Safe Drinking Water Act, 1 as amended, and collect chemical compliance samples as required by those provisions

of the federal act; (2) perform vulnerability assessments that will be used to assess a public water supply's

susceptibility to those contaminants; and (3) implement new requirements of the Utility Operators Certification Act 2 and provide training for all public water supply operators. D. The taxation and revenue department shall provide by regulation for the manner

and form of collection of the water conservation fee. All water conservation fees collected by the taxation and revenue department, less

the administrative fee withheld pursuant to Section 7-1-6.41 NMSA 1978 , shall be deposited in the water conservation fund. E. The fee imposed by this section shall be administered in accordance with the provisions

of the Tax Administration Act 3 and shall be paid to the taxation and revenue department by each person who operates

a public water supply system in the manner required by the department on or before

the twenty-fifth day of the month following the month in which the water is produced. F. Each operator of a public water supply system shall register and comply with the

provisions of Section 7-1-12 NMSA 1978 and furnish such information as may be required by the taxation and revenue department. G. The department shall compile a list of the contaminants that require testing pursuant

to Paragraph (1) of Subsection C of this section. The list shall be compiled no less than once every twelve months and include the

contaminants that will be tested in the subsequent twelve months. The department shall establish by rule procedures to compile the list and to determine

which contaminants that require testing will be tested in the subsequent twelve months. The determination of which contaminants will be tested shall include consideration

of the availability of funds in the water conservation fund, the needs of the public

water supplies being tested for additional contaminants and public health and safety. H. As used in this section: (1) “ person ” means any individual or legal entity and also means, to the extent permitted by

law, any federal, state or other governmental unit or subdivision or an agency, department

or instrumentality thereof; and (2) “ public water supply system ” means a system that provides piped water to the public for human consumption and

that has at least fifteen service connections or regularly services an average of

at least twenty-five individuals at least sixty days per year. 1

42 U.S.C.A. § 300g-1. 2

NMSA 1978, § 61-33-1 et seq. 3

NMSA 1978, § 7-1-1 et seq.