(Download) "In Re Staff''s Motion For An Order To Show Cause To Be Issued To Cerrillos Water And Irrigation Co." by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Staff''s Motion For An Order To Show Cause To Be Issued To Cerrillos Water And Irrigation Co.
- Author : New Mexico Supreme Court
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
Appellant, El Vadito de los Cerrillos Water Association ("El Vadito"), appeals two final orders issued by the New Mexico Public Service Commission ("Commission"). Both Commission orders pertained to an application for abandonment and transfer that was filed with the Commission by the Cerrillos Water and Irrigation Company ("CWIC"), a public utility which sought to abandon water service to its customers and transfer its water supply facilities to El Vadito. We address the following issues on consolidated appeal: (1) Whether the Commission exceeded the scope of its authority by requiring El Vadito to offer memberships to all former water hauler customers of CWIC as a condition to approving CWIC's application for abandonment and transfer; (2) whether El Vadito was transformed into a public utility when it sold water to water haulers who were not members of its association; and (3) whether the New Mexico Sanitary Projects Act, NMSA 1978, Sections 3-29-1 to -19 (Repl.Pamp.1991) ("SPA"), requires El Vadito to offer membership in its association to non-member water haulers who reside in the rural areas surrounding Cerrillos. We note jurisdiction under NMSA 1978, Section 62-11-1 (Repl.Pamp.1984), and vacate both Commission orders.
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