reglab/housing_qa huggingface dataset:
NM Stat § 72-3-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 3 - Water Districts and Water Masters|Section 72-3-5 - [Reports by water master to state engineer.]

Each water master shall report to the state engineer, as often as may be deemed necessary by the engineer as to the amount of water needed to supply the requirements of his districts, the amount available, the works which are without their proper supply, the supply required during the period preceding his next regular report and such other information as the engineer may require. These reports shall, at the end of each irrigation season, be filed in the office of the state engineer. The state engineer shall give directions for correcting any errors of apportionments that may be shown by such reports. History: Laws 1907, ch. 49, § 17; Code 1915, § 5670; C.S. 1929, § 151-117; 1941 Comp., § 77-305; 1953 Comp., § 75-3-5. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978.
NM Stat § 72-4-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-2 - [Authority to acquire water rights for development of county water supply system.]

Each board of county commissioners of any of the several counties of the state, in addition to all other powers vested in it, is empowered to acquire, by purchase or exchange upon such terms and conditions and in such manner as a commission may deem proper and to acquire by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use any water rights or any portion thereof within its county limits deemed necessary or proper for public use for the development of a county water supply system. Title to property so acquired or condemned shall be taken in the name of the county. History: 1953 Comp., § 75-4-1.1, enacted by Laws 1959, ch. 286, § 1. ANNOTATIONSCondemnation power of board limited. — Power granted boards of county commissioners under this section to condemn property for county water systems is subject to statutory limitations which grant counties the power to condemn property for the use of the county; therefore, counties cannot condemn property on behalf of mutual domestic water and/or sewage associations organized under Sections 3-29-1 to 3-29-19 NMSA 1978. 1967 Op. Att'y Gen. No. 67-50. Law reviews. — For article, "The Law of Prior Appropriation: Possible Lessons for Hawaii," see 25 Nat. Resources J. 911 (1985). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 7. Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752. 94 C.J.S. Waters § 234.
NM Stat § 72-4-3 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-3 - [Authority to establish county water supply system; purpose.]

The board of county commissioners of any county may under the provisions of this 1959 act [72-4-2 to 72-4-12 NMSA 1978], establish a county water supply system, which shall be located within this state and within the county, for the purpose of supplying water to the inhabitants of unincorporated communities of the county for domestic and sanitary purposes. History: 1953 Comp., § 75-4-1.2, enacted by Laws 1959, ch. 286, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 7. 94 C.J.S. Waters § 234.
NM Stat § 72-4-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-4 - Water revenue bonds; limitations; conditions of issuance.

The board of county commissioners in each county within the state is authorized to issue water revenue bonds of the county for the purpose of paying the cost of property acquired under the provisions of Sections 72-4-2 through 72-4-12 NMSA 1978 and for the construction of a water supply system. Bonds issued by a county under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 shall not be a general obligation of the county under the meaning of Article 9, Section 13 of the constitution of New Mexico. The bonds shall be payable solely out of the revenues derived from the projects financed by the bonds which are issued. Bond [Bonds] and coupons, if any, issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 shall never constitute an indebtedness of the county within the meaning of any state constitutional provision or statutory limitation and shall never constitute or give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and that fact shall be plainly stated on the face of each bond. The bonds may be executed and delivered at any time and from time to time, may be in the form and denominations, may be of the tenor, may be in registered or bearer form either as to principal or principal and interest, may be payable in installments and at the time or times not exceeding thirty years from their date, may be payable at the place or places, may bear interest at the rate or rates payable at the place or places, and evidenced in the manner, and may contain the provisions not inconsistent therewith, all as shall be provided in the resolution and proceedings of the board of county commissioners whereunder the bonds are authorized to be issued. Any bonds issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 may be sold at public or private sale in the manner and from time to time as may be determined by the board of county commissioners to be most advantageous, and the county may pay all expenses, attorneys and engineering fees, premiums and commissions which the board of county commissioners may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All bonds issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 and all interest coupons, if any, applicable thereto shall be construed to be negotiable. History: 1953 Comp., § 75-4-1.3, enacted by Laws 1959, ch. 286, § 3; 1983, ch. 265, § 48. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 19, 36. 20 C.J.S. Counties § 220.
NM Stat § 72-4-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-5 - [Water revenue bonds; security; restrictions and limitations.]

The principal of and interest on any bonds issued under the authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be secured by a pledge of the revenues out of which such bonds shall be made payable, and may be secured by a mortgage covering all or any part of the system from which the revenues so pledged may be derived. The resolution and proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreement and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of all revenues from any system covered by such proceedings or mortgage, the maintenance and insurance of such system, the creation and maintenance of special funds from the revenues from such system, and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage, all as the board of county commissioners shall deem advisable and as shall not be in conflict with the provisions of this 1959 act; provided, however, that in making any such agreements or provisions a county shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds hereunder and any mortgage securing such bonds may provide the procedure and remedies in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement. No breach of any such agreement shall impose any pecuniary liability upon a county or any charge upon its general credit or against its taxing powers. History: 1953 Comp., § 75-4-1.4, enacted by Laws 1959, ch. 286, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 36. 94 C.J.S. Waters § 234.
NM Stat § 72-4-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-6 - [Determinations and findings prior to supplying water.]

Prior to supplying any water, the board of county commissioners must determine and find the following: the amount necessary in each year to pay the principal of and the interest on the water revenue bonds proposed to be issued to finance such system; the amount necessary to be paid each year into any reserve funds which the board of county commissioners may deem it advisable to establish in connection with the retirement of the proposed water revenue bonds and the maintenance of the system. The determinations and findings of the board of county commissioners required to be made in the preceding sentence shall be set forth in the proceedings under which the proposed water revenue bonds are to be issued and such findings shall be the basis for determining the cost of the water to the inhabitant consumers. History: 1953 Comp., § 75-4-1.5, enacted by Laws 1959, ch. 286, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 234.
NM Stat § 72-4-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-7 - [Sale of water revenue bonds; application of proceeds; cost of acquiring system.]

The proceeds from the sale of any water revenue bonds issued under authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be applied only for the purpose for which the bonds were issued; provided, however, that any accrued interest and premiums received in any such sale shall be applied to the payment of the principal of or the interest on the water revenue bonds sold; and provided, further, that if for any reason any portion of such proceeds shall not be needed for the purpose for which the water revenue bonds were issued, then such balance of said proceeds shall be applied to the payment of the principal of or the interest on said water revenue bonds and provided further, that any portion of the proceeds from the sale of the water revenue bonds or any accrued interest and premium received in any such sale, may, in the event the money will not be needed, or cannot be effectively used to the advantage of the county for the purposes herein provided, be invested in short term, interest-bearing securities if such investment will not interfere with the use of such funds for the primary purpose as herein provided. The cost of acquiring any system shall be deemed to include the following: the actual cost of the construction of any part of a system which may be constructed, including attorney's and engineer's fees; the purchase price of any part of a system that may be acquired by purchase or condemnation; and the interest on such bonds for a reasonable time prior to construction, during construction, and for not exceeding six months after completion of construction. History: 1953 Comp., § 75-4-1.6, enacted by Laws 1959, ch. 286, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 34. 94 C.J.S. Waters § 243(6).
NM Stat § 72-4-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-8 - Water system cost paid from bond proceeds only.

No county that undertakes to acquire or establish a water supply system under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978 shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a water supply system. The entire cost of acquiring the system shall be paid out of the proceeds from the sale of water revenue bonds issued under the authority of Sections 72-4-2 through 72-4-12 NMSA 1978. History: 1953 Comp., § 75-4-1.7, enacted by Laws 1959, ch. 286, § 7; 1993, ch. 308, § 5. ANNOTATIONSThe 1993 amendment, effective April 8, 1993, added the section heading, inserted the language beginning "that undertakes" and ending "72-4-12 NMSA 1978" in the first sentence, and substituted "the system shall" for "any system must" and "Sections 72-4-2 through 72-4-12 NMSA 1978" for "this 1959 act" in the second sentence. Funding for acquiring water rights not restricted. — This section applies only to the funding of water systems, and it does not restrict the funding for the acquisition of water rights in the same manner, such that a county may use ad valorem taxes to fund water contracts. San Juan Water Comm'n v. Taxpayers & Water Users, 1993-NMSC-050, 116 N.M. 106, 860 P.2d 748.
NM Stat § 72-4-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-9 - [Water revenue bonds shall be legal investments.]

Water revenue bonds issued under the provisions of this 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall be legal investments for savings banks and insurance companies organized under the laws of this state. History: 1953 Comp., § 75-4-1.8, enacted by Laws 1959, ch. 286, § 8.
NM Stat § 72-4-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-10 - [Water revenue bonds, income, security instruments, agreements and revenue exempt from taxation.]

The water revenue bonds authorized by this 1959 act [72-4-2 to 72-4-12 NMSA 1978] and the income from the water revenue bonds, all mortgages or other security instrument executed as security for the water revenue bonds, all agreements made pursuant to the provisions hereof and revenue derived therefrom by the county shall be exempt from all taxation by the state of New Mexico, or any subdivision thereof. History: 1953 Comp., § 75-4-1.9, enacted by Laws 1959, ch. 286, § 9.
NM Stat § 72-4-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-11 - [Election by voters prior to issuance of bonds not required.]

This 1959 act [72-4-2 to 72-4-12 NMSA 1978] shall not be construed as requiring an election by the voters of a county prior to the issuance of water revenue bonds hereunder by such county. History: 1953 Comp., § 75-4-1.10, enacted by Laws 1959, ch. 286, § 10. ANNOTATIONSEffect of county-called referendum absent proper authority. — In the absence of a constitutional reservation of the right of the people to hold referendum on county ordinances, and in the absence of a specific statutory authority requiring a referendum on ordinances, there is no authority for a county to call a voluntary referendum. Should such a referendum be held, it would not, regardless of its outcome, affect the adoption or validity of the ordinance. 1979 Op. Att'y Gen. No. 79-35.
NM Stat § 72-4-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-12 - [Notice, consent or approval by governmental body or public officer not required prior to issuance of bonds.]

No notice, consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance of any water revenue bonds or the making of a mortgage under the authority of this 1959 act [72-4-2 to 72-4-12 NMSA 1978], except as provided in this 1959 act. History: 1953 Comp., § 75-4-1.11, enacted by Laws 1959, ch. 286, § 11.
NM Stat § 72-4-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-13 - Hydrographic survey of state stream systems; duty of state engineer; dam and reservoir sites; cooperation with United States.

The state engineer shall make hydrographic surveys and investigations of each stream system and source of water supply in the state, beginning with those most used for irrigation, and obtaining and recording all available data for the determination, development and adjudication of water supply of the state including the location and survey of suitable sites for dams and reservoirs and the determination of the approximate water supply, capacity and cost of each. He is authorized to cooperate with the agencies of the United States engaged in similar surveys and investigations and in the construction of works for the development and use of the water supply of the state, expending for such purposes any money available for the work of his office, and may accept and use in connection with the operations of his office the results of the agencies of the United States. History: Laws 1907, ch. 49, § 19; Code 1915, § 5671; C.S. 1929, § 151-118; 1941 Comp., § 77-402; 1953 Comp., § 75-4-2; Laws 1977, ch. 254, § 94; 1982, ch. 10, § 6. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Section speaks of future. — This section and Section 72-4-1 NMSA 1978 (prior to 1909 amendment) speak of future and have no application to water rights acquired prior to passage of act. Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86. Hydrographic surveys prepared by United States. — The state engineer may make use of all or part of a hydrographic survey prepared by the United States, but even if he does not accept the United States survey, it still may be offered into evidence at a state court trial involving the general adjudication of water rights. U.S. ex rel. Acoma & Laguna Indian Pueblos v. Bluewater-Toltec Irrigation Dist., 580 F. Supp. 1434 (D.N.M. 1984), aff'd, 806 F.2d 986 (10th Cir. 1986). Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 22, 36.
NM Stat § 72-4-14 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-14 - [Cooperation with federal reclamation service; federal projects.]

The state engineer is hereby authorized and empowered to cooperate with the federal reclamation service or any other federal agency, in the making of hydrographic surveys upon any stream system which includes a federal irrigation or drainage project. History: Laws 1919, ch. 131, § 4; C.S. 1929, § 151-123; 1941 Comp., § 77-403; 1953 Comp., § 75-4-3. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 333.
NM Stat § 72-4-16 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-16 - [Reports of hydrographic surveys; filing with state engineer; copies as evidence.]

All reports of hydrographic surveys of the waters of any stream system, or parts thereof, and other surveys heretofore or hereafter made by the state engineer, or under his authority, or by any engineer of the United States, or any other engineer, in the opinion of the state engineer qualified to make the same, may, when made in writing and signed by the party making the same, be filed in the office of such state engineer, and the originals or certified copies thereof, made by such state engineer, shall be received and considered in evidence in the trial of all causes involving the data shown in such survey, the same as though testified to by the person making the same, subject to rebuttal, the same as in ordinary cases. History: Laws 1919, ch. 124, § 1; C.S. 1929, § 151-121; 1941 Comp., § 77-405; 1953 Comp., § 75-4-5. ANNOTATIONSCross references. — For the state engineer, see 72-2-1 NMSA 1978. Hydrographic surveys prepared by United States. — The state engineer may make use of all or part of a hydrographic survey prepared by the United States, but even if he does not accept the United States survey, it still may be offered into evidence at a state court trial involving the general adjudication of water rights. U.S. ex rel. Acoma & Laguna Indian Pueblos v. Bluewater-Toltec Irrigation Dist., 580 F. Supp. 1434 (D.N.M. 1984), aff'd, 806 F.2d 986 (10th Cir. 1986). Law reviews. — For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977).
NM Stat § 72-4-18 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 4 - Surveys, Investigations and Adjudication of Rights|Section 72-4-18 - [Suits concerning water rights; submission of facts to jury or referee.]

In any suit concerning water rights, or in any suit or appeal provided for in this article, the court may in its discretion submit any question of fact arising therein to a jury, or may appoint a referee or referees to take testimony and report upon the rights of the parties. History: Laws 1907, ch. 49, § 37; Code 1915, § 5696; C.S. 1929, § 151-149; 1941 Comp., § 77-407; 1953 Comp., § 75-4-7. ANNOTATIONSCompiler's notes. — The 1915 Code substituted "this article" for "this act." For meaning of "this article," see compiler's note to 72-4-17 NMSA 1978. For meaning of "this act," see compiler's note to 72-4-15 NMSA 1978. Cross references. — For use of advisory jury, see Paragraph B of Rule 1-039 NMRA. For appointment of masters and referees, see Rule 1-053 NMRA. Law reviews. — For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977). Am. Jur. 2d, A.L.R. and C.J.S. references. — 93 C.J.S. Waters § 203.