SENATE JOINT MEMORIAL 75

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Leonard Lee Rawson

A JOINT MEMORIAL

REQUESTING THE DEPARTMENT OF ENVIRONMENT AND THE PUBLIC REGULATION COMMISSION, WITH THE COOPERATION OF THE STATE ENGINEER, TO INVESTIGATE THE SERVICE AREAS OF MUNICIPAL, MEMBER-OWNED, INVESTOR-OWNED AND SPECIAL DISTRICT WATER SYSTEMS.

     WHEREAS, there are several organizational structures for water distribution systems that supply and deliver water to end users; and

     WHEREAS, these organizational structures include municipal, member-owned, investor-owned and special district systems, each organized under different state laws; and

     WHEREAS, investor-owned water systems are under the jurisdiction of the public regulation commission and are regulated as to the service area where they can provide water, while municipal, member-owned and special district water systems are not so regulated by the state; and

     WHEREAS, because there exist no statutes that strictly identify the separate service areas of municipal, member-owned, investor-owned and special district systems, jurisdictional disputes regularly arise; and

     WHEREAS, as the state grows in population, jurisdictional disputes over service areas will escalate;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of environment and the public regulation commission, with the cooperation of the state engineer, be requested to investigate the various water system organizational structures and prepare a written report that describes how service areas are developed, identifies potential conflicts and proposes ways to avoid or settle future disputes; and

     BE IT FURTHER RESOLVED that the department of environment, the public regulation commission and the state engineer present their findings and recommendations to the appropriate interim legislative committee by December 1, 2004; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of environment, the public regulation commission and the state engineer.

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