A. The commission is authorized, subject to the provisions of Sections 72-14-9 through 72-14-28 NMSA 1978, to fix and establish the prices, rates and charges at which the resources and facilities made available under the provisions of those sections shall be sold and disposed of; to enter into contracts and agreements, and to do things which in its judgment are necessary, convenient or expedient for the accomplishment of the purposes and objects of those sections, under such general regulations and upon such terms, limitations and conditions as it shall prescribe. If no other revenues are pledged to repay the bonds, it is the duty of the commission to enter into such contracts and fix and establish such prices, rates and charges so as to provide funds that will be sufficient to pay costs of operation and maintenance of the works authorized by those sections, together with necessary repairs thereto, and that will provide sufficient funds to meet and pay the principal and interest of all bonds as they severally become due and payable; provided that nothing contained in Sections 72-14-9 through 72-14-28 NMSA 1978 shall authorize any change, alteration or revision of any such rates, prices or charges as established by any contract entered into under authority of those sections except as provided by any such contract.
B. Every contract made by the commission for the sale of water, use of water, water storage or other service or for the sale of any property or facilities shall provide that in the event of failure or default in the payment of money specified in the contract to be paid to the commission, the commission may, upon such notice as shall be prescribed in the contract, terminate the contract and all obligations under it. The act of the commission in ceasing on any default to furnish or deliver water, use of water, water storage or other service under the contract shall not deprive the commission of or limit any remedy provided by such contract or by law for the recovery of money due or which may become due under the contract.
C. The commission is empowered to sell or otherwise dispose of any rights of way, easements or property when it determines that the same is no longer needed for the purposes of Sections 72-14-9 through 72-14-28 NMSA 1978, or to lease or rent the same or to otherwise take and receive the income or profit and revenue therefrom. All income or profit and revenue of the works and all money received from the sale or disposal of water, use of water, water storage or other service and from the operation, lease, sale or other disposition of the works, property and facilities acquired under the provisions of those sections shall be paid to the credit of the appropriate income fund.
History: 1953 Comp., § 75-34-17, enacted by Laws 1955, ch. 266, § 9; 1997, ch. 241, § 10; 1997, ch. 246, § 10.
ANNOTATIONSThe 1997 amendment, effective June 20, 1997, added the section heading and the subsection designations, inserted "If no other revenues are pledged to repay the bonds" at the beginning of the last sentence in Subsection A, substituted "Sections 72-14-9 through 74-14-28 NMSA 1978" for "this act" three times in the section, and made minor stylistic changes throughout the section.
Laws 1997, ch. 241, § 10 and Laws 1997, ch. 246, § 10, both effective June 20, 1997, enacted identical amendments to this section. The section was set out as amended by Laws 1997, ch. 246, § 10. See 12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 246 to 252.
Right to cut off water supply because of nonpayment of water bill or charges for connections, etc., 28 A.L.R. 472.
Discrimination between property within and that outside municipality or other governmental district as to rates, 4 A.L.R.2d 595.
Making payment for water or light a charge upon the property or against the present owner or occupant, irrespective of person who enjoyed service, 19 A.L.R.3d 1227.
What constitutes unity of title or ownership sufficient for creation of an easement by implication or way of necessity, 94 A.L.R.3d 502.
94 C.J.S. Waters §§ 284 to 308.