All corporations which have been heretofore or may hereafter be formed under the laws of New Mexico for the purpose of supplying water for domestic, irrigating or manufacturing purposes, for cities or towns, with a population of three thousand persons or more, shall have all the powers and shall be entitled to all the rights and privileges so far as they may be necessary for the transaction of the business of any and all such corporations as are conferred on railroad companies.
History: Laws 1884, ch. 41, § 1; C.L. 1884, § 231; C.L. 1897, § 467; Code 1915, § 1047; C.S. 1929, § 32-427; 1941 Comp., § 72-221; 1953 Comp., § 68-2-21.
Compiler's notes. — Sections 62-2-1 to 62-2-22 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 2 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references. — For powers, rights and privileges of railroad companies, see 63-2-1 to 63-2-18 NMSA 1978.
Failure to use does not lose right to appropriated water. — Failure to use water rightfully appropriated does not cause a loss of such property right. 1914 Op. Att'y Gen. No. 14-1171.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Waterworks as public building, 19 A.L.R. 547.
Liability of water company to private owner for breach of its contract with municipality to supply pressure for fire purposes, 62 A.L.R. 1205.
Right to cut off water supply because of failure to pay sewer service charge, 26 A.L.R.2d 1359.
94 C.J.S. Waters § 254.
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