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SB 392: LOWER RIO GRANDE WATER WORKS RIGHTS & LIENS

An Act Relating To Special Districts; Amending A Section Of The Nmsa 1978; Providing That Water Rights May Be Combined Or Commingled Among Merging Components Of The Lower Rio Grande Public Water Works Authority; Providing For Utility Charges Of The Lower Rio Grande Public Water Works Authority As A Lien Against Property Served.

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MILD SB 392
LOWER RIO GRANDE WATER WORKS RIGHTS & LIENS

Legislative URL:
SB 392 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
HJC
Action:
[4] SCONC/SJC-SCONC [10] DP-SJC [30] DNP-CS/DP - PASSED/S (34-5) [39] HJC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCONC Committee Report
SJC Committee Report
SJC Committee Substitute
Final Senate Vote
Fiscal Impact Report

Related Events

Upcoming:
Summary

This bill details the process that must be followed when the Rio Grande Public Water Works Authority places a lien on property for nonpayment of money owed, or when the authority forecloses a lien in the district court.

 

It provides that a lien for multiple charges or assessments on a property owner may be included in the same notice of lien; and specifies that, unless otherwise provided by law, the principal amount of any lien imposed for a charge or assessment shall bear interest at the rate of 12 percent per year from the date of filing the notice of lien. All authority liens will be first and prior liens, subject only to general state and county tax liens.

 

The Senate Judiciary Committee Substitute for Senate Bill 392 differs only slightly from the original bill. It provides, in the case of an entity merging onto the authority, that if the service area of the merging entity is contiguous with the service area of the authority, the merger shall (instead of may) include the combining and commingling of water rights with the authority. It provides that in the foreclosure of any lien created by the authority, reasonable attorney fees may (instead of shall) be taxed by the court as part of the costs in favor of the prevailing party. And it modifies the order in which the proceeds of a foreclosure sale will be applied.

 

A possible benefit of this bill might be that it protects the authority and its members, including those members on whose property a lien may be filed, by making clear the process and conditions of a lien as to both filing and foreclosure.