0001| HOUSE BILL 1301 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| WILLIAM E. PORTER | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO WATER; AMENDING SECTIONS 62-9-1 AND 62-9-1.1 NMSA | 0012| 1978 (BEING LAWS 1941, CHAPTER 84, SECTION 46 AND LAWS 1991, | 0013| CHAPTER 143, SECTION 2, AS AMENDED) TO CLARIFY RESOLUTION OF | 0014| DISPUTES BETWEEN VARIOUS WATER PROVIDER AND USER ENTITIES. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 62-9-1 NMSA 1978 (being Laws 1941, | 0018| Chapter 84, Section 46, as amended) is amended to read: | 0019| "62-9-1. NEW CONSTRUCTION.--No public utility shall, | 0020| after the effective date of this 1941 act, begin the | 0021| construction or operation of any public utility plant or system | 0022| or of any extension of any plant or system without first | 0023| obtaining from the commission a certificate that public | 0024| convenience and necessity require or will require such | 0025| construction or operation. This section shall not be construed | 0001| to require any such public utility to secure a certificate for | 0002| an extension within any municipality or district within which | 0003| it lawfully commenced operations before the effective date of | 0004| this 1941 act or for an extension within or to territory | 0005| already served by it, necessary in the ordinary course of its | 0006| business, or for an extension into territory contiguous to that | 0007| already occupied by it and that is not receiving similar | 0008| service from another utility. Notwithstanding any other | 0009| provision of the Public Utility Act, as amended, or any | 0010| privilege granted under that act, if any public utility ~~[or]~~, | 0011| mutual domestic water consumer association organized under | 0012| former laws, an association that provides water service to its | 0013| members organized pursuant to the Sanitary Projects Act or a | 0014| water users association organized pursuant to the provisions of | 0015| Sections 73-5-1 through 73-5-9 NMSA 1978, in constructing or | 0016| extending its line, plant or system unreasonably interferes or | 0017| is about to unreasonably interfere with the service or system | 0018| of any other public utility ~~[or]~~, mutual domestic water | 0019| consumer association organized under former laws, an | 0020| association that provides water service to its members | 0021| organized pursuant to the Sanitary Projects Act or a water | 0022| users association organized pursuant to the provisions of | 0023| Sections 73-5-1 through 73-5-9 NMSA 1978, rendering the same | 0024| type of service, the commission, on complaint of the public | 0025| utility or ~~[mutual domestic water consumer]~~ | 0001| other association claiming to be injuriously affected, may, | 0002| upon and pursuant to the applicable procedure provided in | 0003| Chapter 62, Article 10 NMSA 1978, and after giving due regard | 0004| to public convenience and necessity, including but not limited | 0005| to reasonable service agreements between the utilities, make | 0006| such order and prescribe such terms and conditions in harmony | 0007| with the Public Utility Act and other applicable laws as are | 0008| just and reasonable so as to provide for the construction, | 0009| development and extension, without unnecessary duplication and | 0010| economic waste." | 0011| Section 2. Section 62-9-1.1 NMSA 1978 (being Laws 1991, | 0012| Chapter 143, Section 2) is amended to read: | 0013| "62-9-1.1. ADDITIONAL AUTHORITY WITH RESPECT TO WATER AND | 0014| SEWER UTILITIES.-- | 0015| A. Notwithstanding any other provision of the | 0016| Public Utility Act or any provision of the Municipal Code or | 0017| any privilege granted under either act, if any municipality | 0018| that has not elected to come within the terms of the Public | 0019| Utility Act, as provided in Section 62-6-5 NMSA 1978, | 0020| constructs or extends or proposes to construct or extend its | 0021| water or sewer line or system or water pumping station or | 0022| reservoir into a geographical area described in a certificate | 0023| of public convenience and necessity granted by the commission | 0024| to a public utility rendering the same type of service, the | 0025| commission, on complaint of the public utility claiming to be | 0001| injuriously affected thereby, shall, after giving notice to the | 0002| municipality and affording the municipality an opportunity for | 0003| a hearing with respect to the issue of whether its water or | 0004| sewer line, plant or system actually intrudes or will intrude | 0005| into the area certificated to the public utility, determine | 0006| whether such intrusion has occurred or will occur. If the | 0007| commission determines such an intrusion has occurred or will | 0008| occur, the municipality owning or operating the water or sewer | 0009| utility shall cease and desist from making such construction or | 0010| extension in the absence of written consent of the public | 0011| utility involved and approval of the commission. | 0012| B. The authority and jurisdiction conferred by | 0013| Subsection A of this section shall be in addition and | 0014| cumulative to the independent authority of the commission to | 0015| determine territorial disputes between public utilities and | 0016| between ~~[mutual domestic water consumer]~~ other associations | 0017| specified in Section 62-9-1 NMSA 1978 and public utilities | 0018| ~~[as provided in Section 62-9-1 NMSA 1978]~~ which cited | 0019| provisions shall govern the resolution of a territorial dispute | 0020| between a municipality that has elected to come within the | 0021| terms of the Public Utility Act, as provided in Section 62-6-5 | 0022| NMSA 1978, and any other public utility or association | 0023| specified in Section 62-9-1 NMSA 1978 rendering the same type | 0024| of service. Provided, however, in the event that a certificate | 0025| of public convenience and necessity granted to such a | 0001| municipality overlaps or conflicts with a valid certificate | 0002| previously issued by the commission and exercised within the | 0003| term required under Section 62-9-4 NMSA 1978, the municipal | 0004| utility shall be permitted to continue operation of its plant, | 0005| line and system in existence upon the effective date of this | 0006| 1991 act and the other public utility may continue service in | 0007| the area covered by its certificate, subject to the other | 0008| provisions of the Public Utility Act. | 0009| ~~[C. For purposes of this section, "municipality"~~ | 0010| ~~means any municipality that has a population of more than two~~ | 0011| ~~hundred thousand as determined in the most recent federal~~ | 0012| ~~decennial census and is located in a class A county.]~~" | 0013| | 0014| | 0015| State of New Mexico | 0016| House of Representatives | 0017| | 0018| FORTY-THIRD LEGISLATURE | 0019| FIRST SESSION, 1997 | 0020| | 0021| | 0022| March 21, 1997 | 0023| | 0024| | 0025| Mr. Speaker: | 0001| | 0002| Your JUDICIARY COMMITTEE, to whom has been referred | 0003| | 0004| HOUSE BILL 1301 | 0005| | 0006| has had it under consideration and reports same with | 0007| recommendation that it DO PASS. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Thomas P. Foy, Chairman | 0016| | 0017| | 0018| Adopted Not Adopted | 0019| | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| Date | 0023| | 0024| The roll call vote was 9 For 0 Against | 0025| Yes: 9 | 0001| Excused: Alwin, Luna, Rios, Sanchez | 0002| Absent: None | 0003| | 0004| | 0005| G:\BILLTEXT\BILLW_97\H1301 |