New Mexico Regional Water and Waste Water Authority Statutes Project

The Utton Center, working under contract with the Office of the State Engineer and with a management team of other state agencies, developed draft legislation for the 2007 legislative session that would facilitate the creation of regional water and waste water authorities. This project was carried out in response to House Joint Memorial 86 (2005), and the related report, Criteria for Water System Planning, Performance, and Conservation as a Condition for State Funding. The House Joint Memorial requested that "the State Engineer collaborate with the Department of the Environment and other agencies to develop criteria for water system planning, performance, and conservation as a condition of funding." The goals of the Report included protection of public health, economic vitality, and development of sustainable water service for all New Mexicans. Two drafts were developed in response to these initiatives:

Draft #1: Amendments to the Water and Sanitation District Act, which would clarify existing language to make formation of a District easier and allow for additional authority for water and waste water systems operating under this Act. ( PDF document )

Draft #2: New legislation that would allow for the formation of a regional water and waste water authority. Unlike the Water and Sanitation District Act, this legislation would provide for formation of an entity only for the purposes of providing water and waste water service. ( PDF document )

Comments were solicited on this website. All comments were reviewed and every effort was made to address issues and incorporate concerns and recommendations received by early December 2006. However, legislation was not introduced during the 2007 legislative session.