TITLE 17 PUBLIC
UTILITIES AND UTILITY SERVICES
CHAPTER 12 WATER
SERVICES
PART 770 SMALL
WATER UTILITIES
17.12.770.1 ISSUING
AGENCY: New Mexico Public
Regulation Commission.
[17.12.770.1 NMAC - Rp, NMPSC Rule 770, 7/31/2007]
17.12.770.2 SCOPE: This part governs the filing and review of
changes in rates proposed by small water utilities as defined by Section
62-8-7.1A NMSA 1978 (2005).
A. Exception for 50 percent or more
rate increase proposal for small water utilities with 1,500 or fewer service
connections. The provisions of
17.12.770.1 NMAC through 17.12.770.16 NMAC shall not apply to small water
utilities, as defined by Section 62-8-7.1(B) NMSA 1978, if any of the criterion
in Paragraphs (1), (2), (3) or (4) below apply. When any criterion listed below applies,
Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC relating to the application for new
rates shall apply to the filing and review of a proposed rate or rates by a
small water utility.
(1) A proposed rate increase would increase
the utility's revenue requirement fifty (50) percent or more over a twelve (12)
month period.
(2) A proposed rate increase would increase
any rate for any customer class for any given level of consumption fifty (50)
percent or more over a twelve (12) month period.
(3) A utility proposes to increase a
seasonally-adjusted rate and that increase would result in an increase in the
rate of fifty (50) percent or more.
(4) A utility proposes to institute a rate
where no rate had existed previously.
B. Exception for more than an 8 percent
rate increase proposal for small water utilities with more than 1,500 but less
than 5,000 service connections. The
provisions of 17.12.770.1 NMAC through 17.12.770.16 NMAC shall not apply to
small water utilities, as defined by Section 62-8-7.1A NMSA 1978, if any of the
criterion in Paragraphs (1), (2), (3) or (4) below apply. When any criterion listed below applies,
Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC relating to application for new
rates shall apply to the filing and review of a proposed rate or rates by a
small water utility.
(1) A proposed rate increase would increase
the utility's revenue requirement by more than eight percent (8%) over a twelve
(12) month period.
(2) A proposed rate increase would increase
any rate for any customer class for any given level of consumption by more than
eight (8) percent over a twelve (12) month period.
(3) A utility proposes to increase a
seasonally-adjusted rate and that increase would result in an increase in the
rate of more than eight (8) percent over a twelve (12) month period.
(4) A utility proposes to institute a rate
where no rate had existed previously.
C. A rate application by a small water
utility shall comply with the provisions of 17.1.2.53 NMAC if any of the
criteria listed in 17.12.770.2 NMAC applies.
[17.12.770.2 NMAC - Rp, NMPSC Rule 770.3, 7/31/2007]
17.12.770.3 STATUTORY
AUTHORITY: Sections 8-8-4, 62-3-1,
62-3-2.1, 62-3-4, 62-6-4, 62-8-3, 62-8-7 and 62-8-7.1 NMSA 1978.
[17.12.770.3 NMAC - Rp, NMPSC Rule 770.3, 7/31/2007]
17.12.770.4 DURATION: Permanent.
[17.12.770.4 NMAC - N, 7/31/2007]
17.12.770.5 EFFECTIVE
DATE:
July 31, 2007, unless a later date is cited at the end of a section.
[17.12.770.5 NMAC - Rp, NMPSC Rule 770, 7/31/2007]
17.12.770.6 OBJECTIVE: The
purpose of 17.12.770 NMAC is to carry out the explicit legislative intent of
Sections 62-3-2.1 and 62-8-7.1 NMSA 1978, as amended, to limit governmental
regulation of rate setting by small water utilities and to provide a degree of
regulatory oversight of small water utilities that is proportionate to the need
and benefit of such regulation.
[17.12.770.6 NMAC - Rp, NMPSC Rule 770.1, 7/31/2007]
17.12.770.7 DEFINITIONS: In addition to the definitions in 17.12.1.7
NMAC, certain terms as used in this rule are defined as follows.
A. Advice notice means a listing by
a water utility of proposed changes in tariff schedules and proposed effective
dates that has been provided to the public and filed with the commission.
B. Operating district or division
means any area of utility operations which is geographically distinct and
distant from other utility operations, and which would otherwise be operated as
a separate stand-alone utility but for its classification as a business unit
within the single utility.
C. Rate shall have the meaning
given in Section 62-3-3H NMSA 1978.
D. Ratepayer means a person in
whose name service is carried. As stated
in Section 62-8-7.1A NMSA 1978 "each person who receives a separate bill
equals one ratepayer and each person who receives multiple bills equals one
ratepayer."
E. Small water utility means a
public utility as defined in Sections 62-3-3G(3) NMSA 1978 with less than an aggregate of five thousand
(5,000) service connections in any utility operating district or division in
New Mexico averaged over the previous three (3) consecutive years.
[17.12.770.7 NMAC - N, 7/31/2007]
17.12.770.8 PROCEDURES
FOR 2% RATE CHANGE WITHOUT HEARING:
A. A small water utility may adjust its
commodity charge and customer service charge by up to two percent (2%) in any
calendar year without a hearing, provided that the utility:
(1) is in good standing with all applicable
commission rules and orders;
(2) shall not have changed its rates in the prior
twelve (12) month period;
(3) shall have given notice to its customers
by a mailed bill insert, printed notice on a bill or separate mailing of its
proposed rate adjustment at least thirty (30) days prior to the effective date
of such rate adjustment, in accordance with 17.12.770.10 NMAC; and
(4) shall not make such rate adjustments
effective until at least thirty (30) days after it has filed with the
commission the required documents described in Subsection B below.
B. Filing requirements. The utility shall submit with its filing:
(1) an advice notice, including proposed rate
schedules, notifying the commission of the utility's intent to implement the
new rate or rates by a date certain, which may not be less than thirty (30)
days after the filing of the advice notice; the advice notice shall conform to
17.1.210.9 NMAC;
(2) an affidavit describing how the notice
required by 17.12.770.8 NMAC was given to the utility's ratepayers; and
(3) a copy of the notice, which shall be attached
to the affidavit.
C. Applicability of certain rules. 17.12.770.10 NMAC applies to proposed two
percent (2%) rate changes made pursuant to this section. 17.12.770.9 NMAC and 17.12.770.11 NMAC
through 17.12.770.18 NMAC are not applicable to proposed two percent (2%) rate
changes made pursuant to this section.
The utility's filing under 17.12.770.8 NMAC shall be in accordance with
17.1.210 NMAC, except that Paragraph (2) of Subsection B of 17.1.210.11 NMAC
relating to direct testimony and exhibits shall not apply, and Subsection C of
17.1.210.11 NMAC relating to additional information shall not apply.
[17.12.770.8 NMAC - Rp, NMPSC Rule 770.4, 7/31/2007]
17.12.770.9 FILINGS
BY SMALL WATER UTILITIES PROPOSING NEW RATES:
A. This section applies to the filing
and review of changes in rates proposed by small water utilities except small
water utilities filing for a two percent (2%) rate change under 17.12.770.8
NMAC that have given proper notice according to 17.12.770.10 NMAC and small
water utilities subject to the exceptions in 17.12.770.2 NMAC.
B. Filing requirements. The utility shall submit with its filing:
(1) an advice notice notifying the commission
of the utility's intent to implement the new rate or rates by a date certain,
which may not be less than thirty (30) days after the filing of the advice
notice;
(2) an affidavit describing how the notice
required by 17.12.770.10 NMAC has been given to the utility's ratepayers;
(3) a copy of the notice required by
17.12.770.10 NMAC attached to the affidavit of notice;
(4) a statement of the total number of
ratepayers being served by the utility at the time of the filing;
(5) a brief statement explaining what has
caused the need for the rate adjustment; and
(6) a statement that contains a rate and
billing analysis.
C. Required rate and billing analysis. The rate and billing analysis shall describe
the effect of any proposed rate increase on each class of customers and shall
include: a description of any proposed
changes in rate design; a comparison of each proposed rate with the existing
rate for each customer class; a table that provides a billing analysis for residential
customers and a table that provides a rate analysis for each customer class.
(1) The rate comparison shall state each
proposed rate and each existing rate for each customer class, the percentage
difference between each proposed rate and each existing rate and the number of
customers within each customer class to which each change applies.
(2) The table that provides the billing
analysis for residential customers shall state the present bill, the anticipated
bill under the proposed rates and the percentage difference between the two
bills for the following levels of consumption:
0 gallons, 1,000 gallons, 2,000 gallons, 3,000 gallons, 4,000 gallons,
5,000 gallons, 6,000 gallons, 7,000 gallons, 8,000 gallons, 9,000 gallons,
10,000 gallons, 15,000 gallons, 20,000 gallons, 25,000 gallons, 30,000 gallons,
35,000 gallons, 40,000 gallons, 45,000 gallons and 50,000 gallons.
(3) The table that provides the rate analysis
for each customer class shall be based on each level of consumption listed in
Paragraph (2) above. The table shall be
based on the month of highest overall consumption in the twelve (12) months
preceding the filing of the notice to ratepayers. The table shall show the number of customers
and the present and proposed bill for each level of consumption, rounding
gallons per month to the nearest one thousand (1,000) gallons. For example, for the six thousand (6,000)
gallon level, the utility will show the number of customers with usage of five
thousand five hundred and one (5,501) to six thousand five hundred (6,500)
gallons. If consumption is measured in
units other than thousands of gallons, the utility shall convert their billing units
to thousands of gallons. If there were
no customers at a particular level of consumption, the utility shall list a
zero in the table for that level of consumption.
D. Applicability of 17.1.210 NMAC. The utility's fillings under 17.12.770.9 NMAC
shall be in accordance with 17.1.210 NMAC, except that Paragraph (2) of
Subsection B of 17.1.210.11 NMAC relating to direct testimony and exhibits and
Subsection C of 17.1.210.11 NMAC relating to additional information shall not
be applicable. The utility may, but is
not required to file with the advice notice, the direct testimony, exhibits,
and statements which would be required by 17.12.770.15 NMAC in the event of a
valid protest or motion to review by commission staff.
E. Rejection. Failure to abide by these requirements shall
be deemed grounds for rejection of the filing.
F. Effective date of rates. The rate or rates proposed in accordance with
the provisions of this section shall become effective on the date set forth in
the advice notice unless a protest is filed under 17.12.770.12 NMAC, or a staff
motion for review is filed under 17.12.770.11 NMAC and the commission
determines the protest or motion establishes just cause for reviewing the
proposed rates. If a valid protest or
motion is filed and the commission determines that there is just cause for
review of the proposed rates, the new rates may become effective only in
accordance with Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC.
G. Rates effective by operation of law. Rates that become effective by operation of
law, without hearing by the commission, shall not be construed to bear the
approval of the commission and may be subject to inquiry by the commission at
any time.
[17.12.770.9 NMAC - Rp, NMPSC Rule 770.4, 7/31/2007]
17.12.770.10 NOTICE TO
RATEPAYERS PRIOR TO FILING OF PROPOSED RATES:
A. Notice required. At least sixty (60) days prior to filing with
the commission a schedule proposing a change in rate or rates, a small water
utility shall notify its ratepayers of the proposed rate or rates in writing. The utility may mail the notice to ratepayers
either with their billings or independently.
B. Required information. The notice to ratepayers shall include the
following information:
(1) the amount of the increase requested in
both total dollar amounts and total percentage increases;
(2) the customer classifications to which the
new rate or rates would apply;
(3) a comparison of the present rate with
proposed rates, consisting of
(a)
the present rate,
(b) the proposed rate,
(c) the percentage
difference between the present and proposed rate for each customer class and
(d) the number of
customers in each class to which the proposed rates would apply;
(4) the date on which the utility intends to
file with the commission the advice notice proposing the change in rate or
rates;
(5) a statement that the utility will promptly
notify a ratepayer of the date on which it actually files with the commission
the advice notice proposing the change in rate or rates, if the ratepayer so
requests;
(6) a statement in all capital letters that if
a hearing is held by the public regulation commission, any costs incurred by
the utility may be included in the utility's future rates, following the
utility's next rate case;
(7) a statement that procedures for protesting
rates are set forth in 17.12.770 NMAC, a copy of which can be obtained upon
request from, or inspected at, the main office of the utility or the offices of
the utility division of the commission in Santa Fe, and that forms for protests
are available from either the utility or the commission, and indicating the
telephone numbers and addresses of both the utility and the commission;
(8) a
statement that the rate filing together with any exhibits and related papers
may be examined at the main offices of the utility or at the commission in
Santa Fe;
(9) a
statement that further information may be obtained by contacting either the
utility or the commission; and
(10) a
statement that, for purposes of protests, "ratepayer" means a person
in whose name service is carried. For
purposes of protests, under Section 62-8-7.1 NMSA 1978, "each person who
receives a separate bill equals one ratepayer and each person who receives
multiple bills equals one ratepayer."
C. Billing analysis for residential
customer required. The notice to
ratepayers shall include a chart that provides a billing analysis for
residential customers clearly showing the present rates, the proposed rates,
and the percentage difference between the present bill and the anticipated bill
for each of the following levels of consumption (if consumption is measured in
units other than thousands of gallons the utility shall convert their billing
units to thousands of gallons) - 0 gallons, 1,000 gallons, 2,000 gallons, 3,000
gallons, 4,000 gallons, 5,000 gallons, 6,000 gallons, 7,000 gallons, 8,000
gallons, 9,000 gallons, 10,000 gallons, 15,000 gallons, 20,000 gallons, 25,000
gallons, 30,000 gallons, 35,000 gallons, 40,000 gallons, 45,000 gallons and
50,000 gallons;
D. If the utility has one thousand five
hundred (1,500) or fewer service connections in any operating district or
division, averaged over the previous three (3) consecutive years, the notice to
ratepayers shall include a statement that the new rate or rates will go into
effect automatically and will not be subject to review and hearing by the
commission unless ratepayers file a protest conforming to the requirements of
17.12.770.12 NMAC.
E. If the utility has more than one
thousand five hundred (1,500), but less than five thousand (5,000) service
connections in any operating district or division, averaged over the previous
three (3) years, the notice to ratepayers shall include a statement that the
new rate or rates will go into effect automatically and will not be subject to
review and hearing by the commission unless commission staff files a motion for
review or ratepayers file a protest conforming to the requirements of
17.12.770.12 NMAC.
F. Prior approval of notice form. The utility shall submit a copy of the form
notice to the utility division staff for approval at least fifteen (15) days
prior to giving notice to ratepayers. If
the commission does not disapprove of the form of notice within five (5)
business days of submission of the notice, the form will be deemed approved.
G. Rejection. Failure to comply with this section shall be
deemed grounds for rejection of the filing proposing a change in rate or rates.
[17.12.770.10 NMAC - Rp, NMPSC Rule 770.5, 7/31/2007]
17.12.770.11 STAFF
MOTION FOR COMMISSION REVIEW OF RATE PROPOSALS:
A. Suspension of rates upon filing
of staff motion. Rates proposed
under 17.12.770 NMAC by a utility with more than one thousand five hundred
(1,500) but less than five thousand (5,000) service connections in any
operating district or division, averaged over the previous three (3)
consecutive years, shall be subject to suspension, review and hearing by the
commission upon the timely filing with the commission of a staff motion for review.
B. Timing of staff motion. A staff motion for review shall be filed with
the commission no later than twenty (20) days after the utility files with the
commission the advice notice proposing the change in rate or rates.
C. Full review upon staff motion. Upon the timely filing of a staff motion and
after a commission determination that just cause exists to review the proposed
rates or rates, the commission will conduct a full review of the proposed rate
or rates under Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC and under either
17.12.730 NMAC or 17.12.780 NMAC.
[17.12.770.11 NMAC - N, 7/31/2007]
17.12.770.12 PROTESTS
BY RATEPAYERS:
A. Suspension of rates upon filing of
protest. Rates proposed by a small
water utility under 17.12.770 NMAC will be subject to suspension, review, and
hearing by the commission upon the timely filing with the commission of a
protest.
B. For a utility with one thousand five
hundred (1,500) or fewer service connections in any operating district or
division, averaged over the previous three (3) consecutive years, a protest
must be signed by ten (10) percent, or more, of the utility's ratepayers, or
twenty-five (25) ratepayers, whichever is more, receiving service from the
utility at the time the change in rate or rates is filed. For purposes of this rule, ratepayer is
defined in 17.12.770.7 NMAC.
C. For a utility with more than one
thousand five hundred (1,500) but less than five thousand (5,000) service
connections in any operating district or division, averaged over the previous
three (3) consecutive years, a protest must be signed by ten (10) percent or
more of the ratepayers receiving service from the utility at the time the
change in rate or rates is filed. For
purposes of this rule, ratepayer is defined in 17.12.770.7 NMAC.
D. Timing of protest. Protests shall be filed with the commission
no later than twenty (20) days after the utility files with the commission the
advice notice proposing the change in rate or rates, and shall conform to the
requirements of 17.12.770.13 NMAC.
E. Full review upon protest. Upon the filing of a protest under
17.12.770.12 NMAC and after a commission determination that just cause exists
to review the proposed rate or rates, the commission will conduct a full review
of the proposed rate or rates under Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC
and under either 17.12.730 NMAC or 17.12.780 NMAC.
[17.12.770.12 NMAC - Rp, NMPSC Rule 770.6, 7/31/2007]
17.12.770.13 FORM AND
FILING OF PROTEST:
A. Contents of protest. Protest petitions to the commission shall be
in writing, and signed by each of the ratepayers submitting the protest. All protests shall contain the following:
(1) the name of the utility whose proposed
rates are being protested and identification of the rate or rates being
protested;
(2) the name, mailing address, and phone
number of each ratepayer protesting the proposed rates and the name, mailing
address, and phone number of each ratepayer's attorney, if any; and
(3) a caption of the proceeding, a space for
the docket number, and the title "Protest."
B. Format. Whenever possible, protests shall be typed,
double-spaced, and shall be on paper 8 1/2 inches wide and 11 inches long and
fastened only to the left side.
C. Use of commission form. Protestants may use, but are not required to
use, the commission's form for protests.
The utility shall make copies of the commission's form available to its
ratepayers upon request.
D. Additional information permitted. Protestants are strongly encouraged, but are
not required, to file with the protest a statement or statements of their
reasons for protesting the proposed rates as well as any data, exhibits,
illustrations, prepared testimony, or written argument which may aid the
commission in its determination of whether just cause exists to review the
rates.
E. Certificate of service. The protestants shall serve copies of the
protest and any accompanying documents on the utility whose proposed rates are
being protested either by first class U.S. mail or by hand delivery. A certificate of service stating the date and
manner of mailing or delivery shall be included in or attached to the protest
at the time of filing with the commission.
F. Number of copies required. The protestants shall provide the commission
with an original plus ten (10) copies of the protest and any accompanying
documents at the time of filing unless the commission directs otherwise.
G. Date of filing. If a protest is submitted to the commission
before the utility has filed the change in rate or rates, the protest shall be
deemed filed as of the date of the utility's filing.
H. Ratepayers’ status. Ratepayers who have submitted a protest under
17.12.770.13 NMAC will be deemed parties to any protest proceeding, but will
not be deemed parties to a rate review proceeding.
[17.12.770.13 NMAC - Rp, NMPSC Rule 770.7, 7/31/2007]
17.12.770.14 RESPONSE
TO PROTEST:
A. Response with leave of commission. No response to the substance of a protest filed
with the commission is permitted except by leave of the commission or hearing
examiner.
B. Challenge to validity of protest
petition. The utility whose proposed
rates are being protested may challenge the validity of the protest petition
within ten (10) days of the filing of the petition.
(1) The challenge shall be made by motion
conforming with the requirements of 17.1.2 NMAC and served upon each of the
protestants.
(2) The motion shall be accompanied by
affidavits and a brief in support of the motion, which shall also be served
upon the protestants.
C. Protestants to establish validity of
protest petition. If a protest is
challenged by motion of the utility made in accordance with17.12.770.14 NMAC, the
commission or hearing examiner may direct the protestants to verify their
status as ratepayers of the utility or otherwise establish the validity of the
protest petition.
D. Invalid protest petitions. If the commission or hearing examiner
determines that the protest petition is invalid, the commission or hearing
examiner shall take such action as is deemed appropriate, including, but not
limited to, dismissal of the protest.
E. Ruling on protest. The commission shall determine the validity
of any challenged protest prior to a commission determination that just cause
exists to review the proposed rate or rates.
[17.12.770.14 NMAC - Rp, NMPSC Rule 770.8, 7/31/2007]
17.12.770.15 COMMISSION
REVIEW OF RATES AFTER JUST CAUSE DETERMINATION:
A. Notice of hearing. Once the commission determines that just
cause exists to review the proposed rate or rates, the commission shall issue
an order noticing the rate or rates for hearing. Either this order or a subsequent order shall
prescribe:
(1) the manner of any further notice to
customers or the public, the cost of which shall be borne by the utility;
(2) a deadline for the filing of motions to
intervene under 17.1.2 NMAC and directions to any protestants that they that
they will not be considered parties to the rate review proceeding unless they
move for and are granted intervener status; and
(3) directions to parties other than the
utility and, to the extent the commission or hearing examiner may deem helpful,
directions to the commission staff to file written testimony and exhibits.
B. Service of notice: The commission or hearing examiner shall mail
copies of all orders issued under 17.12.770.15 NMAC to each protestant whether
or not the protestant has sought or been granted intervener status.
[17.12.770.15 NMAC - Rp, NMPSC Rule 770.10, 7/31/2007]
17.12.770.16 SUBMISSION
OF WRITTEN TESTIMONY AND EXHIBITS BY UTILITY:
A. Information to be submitted upon
commission determination of just cause.
After a commission determination of just cause for review of the
proposed rate or rates, the utility shall file the following information and
documents with the commission within thirty (30) days unless the commission or
hearing examiner directs otherwise:
(1) direct testimony and exhibits intended to
be introduced into evidence in support of the proposed rate or rates, including
any rate filing package required by commission rule or order and by 17.12.730
NMAC or 17.12.780 NMAC;
(2) a concise statement, supported by the
direct testimony and exhibits, identifying:
(a) when the utility
proposes to change the ratemaking treatment upon which the present rates are
based, each proposed change, the reasons for the proposed change, and the
impact in dollars of the proposed change on the rates being requested;
(b) the compound annual
growth rate of each account of plant and expenditures since the test period
used in the utility's last rate filing; and
(c) any extraordinary
event or circumstance, known or projected, which materially alters the
utility's operating or financial condition from the condition existing during
the utility's test period in its last rate case; and
(3) a concise statement setting forth the
utility's compliance or failure to comply with each part of the commission's
final order in each of the utility's cases decided during the preceding five
(5) years and its compliance or failure to comply with 17.6.450 NMAC and 17.1.2
NMAC through 17.12.780 NMAC.
B. Copies. The utility shall provide the commission with
an original plus five (5) copies of all documents filed pursuant to subsection
A, unless the commission or hearing examiner directs otherwise.
[17.12.770.16 NMAC - Rp, NMPSC Rule 770.9, 7/31/2007]
17.12.770.17 STATUS OF
PROTESTANTS DURING PROCEEDING:
The protestants who file a protest will be deemed parties to any proceeding
on a motion made by the utility under 17.12.770.14 NMAC but will not be deemed
parties to the proceeding to review and hear the proposed rate or rates. Protestants may individually move to
intervene under 17.1.2 NMAC and may or may not be granted intervener status
under that rule. The commission or
hearing examiner may limit the number of interveners in the rate making
proceeding to avoid unnecessary delay, duplication, or expense.
[17.12.770.11 NMAC - N, 7/31/2007]
HISTORY OF 17.12.770 NMAC:
Pre-NMAC History. The material in this part was derived from
that previously filed with the commission of public records-state records
center and archives.
GO 48, Order Adopting Interim Rule, Interim General Order No. 48
Procedures for Review of Rates Proposed by Small Water Utilities Exhibit A,
filed 1/8/1986.
GO 48, Procedures for Review of Rates Proposed by Small Water
Utilities, filed 3/6/1986.
GO 48, Procedures for Review of Rates Proposed by Small Water
Utilities, filed 10/19/1987.
NMPSC Rule 770, Procedures for Review of
Rates Proposed by Small Water Utilities, filed 6/30/1988.
History of Repealed Material.
NMPSC Rule 770,
Procedures for Review of Rates Proposed by Small Water Utilities (filed
6/30/1988) repealed 7/31/2007.
Other History.
NMPSC Rule 770, Procedures for Review of Rates Proposed by Small Water
Utilities (filed 6/30/1988) replaced by 17.12.77 NMAC, Small Water Utilities,
effective 7/31/2007.