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NEW MEXICO STATUTES AND CODES

Section 3-27-5 - Potable; contracts for acquiring and supplementing supply; storage; payments from water charges; joint water supply contracts between two or more municipalities.

3-27-5. Potable; contracts for acquiring and supplementing supply; storage; payments from water charges; joint water supply contracts between two or more municipalities.

A.     For the purpose of obtaining, securing or supplementing its water supply and providing for the storage, treatment, distribution and transportation of water, a municipality may by ordinance:   

(1)     contract over a period of years with:   

(a)     the United States government or any of its agencies;   

(b)     the state of New Mexico or any of its agencies, boards or instrumentalities; or   

(c)     any person or association;   

(2)     agree to accept any pay for a specified amount of water per annum during the term of the contract; and   

(3)     adopt and enforce water charges sufficient to meet the payments required by the contract.   

B.     Payments required by a contract authorized by this section shall be made from any funds of the municipality other than the proceeds from an ad valorem tax and shall be considered an expense of the operation and maintenance of the water utility. In no event shall the obligation to make such payments be considered a general obligation or indebtedness of the municipality within the meaning of any constitutional or statutory provision.   

C.     Two or more municipalities may become parties to any contract authorized by this section.   

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