reglab/housing_qa huggingface dataset:
NM Stat § 73-9-31 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-31 - [Expenses of organization, operation and improvements to be paid from water tolls and/or tax levies; tax levy to complete original construction.]

For the purpose of defraying the expenses of the organization of the district, and the care, operation, management, repair and improvement of all canals, ditches, reservoirs and works, including drainage works and including salaries of officers and employees and for rental or charges for water supplied to said district under any contract with owners of other irrigation works, the board may fix rates of tolls and charges and collect the same of all persons using said canal and water for irrigation or other purposes, or may provide, in whole or in part, for the payment of such expenditures by levy of taxes therefor, as hereinbefore provided or by both tolls and taxes. In case the money raised by the sale of bonds issued be insufficient and in case bonds be unavailable for the construction or completion of any works in accordance with plans adopted, it shall be the duty of the board of directors to provide for the completion of said works by causing the levy of a tax therefor in the same manner in which levy of taxes is made for the other purposes provided for in this act. History: Laws 1919, ch. 41, § 25; C.S. 1929, § 73-225; 1941 Comp., § 77-2129; 1953 Comp., § 75-22-29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 52 to 55. 94 C.J.S. Waters § 293.
NM Stat § 73-9-32 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-32 - [Crossings authorized; right-of-way over state lands granted.]

The board of directors shall have the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals may intersect or cross; and if said board and the owners or controllers of the property so to be crossed cannot agree on the amount to be paid therefor, or as to the points or the manner of said crossings, the same shall be ascertained and determined in all respects as is provided by law in respect to the taking of land for public uses. The right-of-way is hereby granted to locate, construct and maintain said works or reservoirs, over, through or upon any of the lands which are now, or may be the property of the state. History: Laws 1919, ch. 41, § 26; C.S. 1929, § 73-226; 1941 Comp., § 77-2130; 1953 Comp., § 75-22-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For eminent domain, see 42A-1-1 NMSA 1978 et seq. For bridges at road crossings, see 67-7-9 and 72-8-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 76. 93 C.J.S. Waters § 214.
NM Stat § 73-9-33 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-33 - Compensation of directors and secretary; personal interest in contracts; bribery; penalty.

The board of directors shall each receive compensation at the rate of five dollars ($5.00) per day while attending meetings, and their actual and necessary expenses while engaged in official business. The salary of the secretary shall not exceed twelve hundred dollars ($1,200) a year. No director or any officer named in this act shall, in any manner, be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; nor shall such director or officer receive any bonus, gratuity or bribe; and for any violation of this provision any such director or officer shall be deemed guilty of a felony, and upon conviction thereof shall forfeit his office, and be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment in the penitentiary not exceeding five years or less than one year. History: Laws 1919, ch. 41, § 27; C.S. 1929, § 73-227; 1941 Comp., § 77-2131; 1953 Comp., § 75-22-31; Laws 1957, ch. 100, § 1. ANNOTATIONSCompiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 320.
NM Stat § 73-9-34 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-34 - [Statutory authorization required for debts and liabilities.]

The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void. History: Laws 1919, ch. 41, § 28; C.S. 1929, § 73-228; 1941 Comp., § 77-2132; 1953 Comp., § 75-22-32. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 62 to 72. 94 C.J.S. Waters § 243.
NM Stat § 73-9-35 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-35 - [Water volume insufficient; distribution.]

In case the volume of water in any canal, reservoir or other works in any district shall not be sufficient to supply the continual wants of the entire district and of lands susceptible of irrigation therein, then it shall be the duty of the board of directors to distribute all available water upon certain or alternate days to different localities as they may in their judgment think best for the interest of all parties concerned. History: Laws 1919, ch. 41, § 29; C.S. 1929, § 73-229; 1941 Comp., § 77-2133; 1953 Comp., § 75-22-33. 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. — 45 Am. Jur. 2d Irrigation §§ 49 to 51. Duty of mutual association, nonprofit organization, or co-operative to furnish utilities services, 56 A.L.R.2d 413. 94 C.J.S. Waters § 361.
NM Stat § 73-9-36 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-36 - [Prior water rights protected.]

Nothing herein contained shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal or reservoir. History: Laws 1919, ch. 41, § 30; C.S. 1929, § 73-230; 1941 Comp., § 77-2134; 1953 Comp., § 75-22-34. 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. — 45 Am. Jur. 2d Irrigation §§ 49 to 51. Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to reclamation act, to a perpetual right beyond control of federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320. Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743. 93 C.J.S. Waters §§ 58 to 70.
NM Stat § 73-9-37 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-37 - [Change of district boundaries; authorization; effect.]

The boundaries of any irrigation district now or hereafter organized under the provisions of this act, may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it or the owner of lands therein were or might become liable or chargeable had such change of its boundaries not been made. History: Laws 1919, ch. 41, § 31; C.S. 1929, § 73-231; 1941 Comp., § 77-2135; 1953 Comp., § 75-22-35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 59. Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743. 94 C.J.S. Waters § 319.
NM Stat § 73-9-38 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-38 - [Petition for annexation of lands; who may file; contents; acknowledgment.]

The holder or holders of title, or evidence of title, or any body of land adjacent to or situate within the boundaries of any irrigation district, may file with the board of directors of said district a petition in writing, praying that such lands be included in such district. The petition shall describe the tracts, or body of land owned by the petitioners, but such description need not be more particular than is required when such lands are entered by the county assessor in the assessment book. Such petition shall be deemed to give the assent of the petitioners to the inclusion of said district of the lands described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. History: Laws 1919, ch. 41, § 32; C.S. 1929, § 73-232; 1941 Comp., § 77-2136; 1953 Comp., § 75-22-36. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For acknowledgements, see 14-14-1 to 14-14-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 59. 93 C.J.S. Waters § 15.
NM Stat § 73-9-39 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-39 - [Notice of proposed annexation; contents; publication; costs.]

The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once a week for three successive weeks in a newspaper published in the county where the office of said board is situate, which notice shall state the filing of such petition and the names of the petitioners; a description of the lands mentioned in the petition, and the prayer of said petitioners; giving notice to all persons interested, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the petition should not be granted. The time specified in the notice at which it shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under such petition before the secretary shall be required to give such notice. History: Laws 1919, ch. 41, § 33; C.S. 1929, § 73-233; 1941 Comp., § 77-2137; 1953 Comp., § 75-22-37. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 56. 94 C.J.S. Waters § 319.
NM Stat § 73-9-40 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-40 - [Hearing on proposed annexation; written objections.]

The board of directors, at the time and place mentioned in said notice, or at such time or times to which the hearing of such petition may be adjourned, shall proceed to hear the petition, and all objections thereto, presented in writing by any person showing cause as aforesaid why said petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the inclusion of such lands in said district as prayed for in said petition. History: Laws 1919, ch. 41, § 34; C.S. 1929, § 73-234; 1941 Comp., § 77-2138; 1953 Comp., § 75-22-38. 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. — 45 Am. Jur. 2d Irrigation § 56. 94 C.J.S. Waters § 319.
NM Stat § 73-9-41 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-41 - [Petitioners required to pay sums determined by directors.]

The board of directors to whom such petition is presented may require as a condition precedent to the granting of the same that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as said petitioners or their grantors would have been required to pay for their pro rata share of all bonds and the interest thereon which may have previously thereto been issued by said district had such lands been included in such district at the time the same was originally formed or when said bonds were so issued; and said board may require such petitioners to pay such further sums as the board may deem just on account of irrigation works or water rights paid for otherwise than by issue of bonds. History: Laws 1919, ch. 41, § 35; C.S. 1929, § 73-235; 1941 Comp., § 77-2139; 1953 Comp., § 75-22-39. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-9-42 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-42 - [Decision on petition; survey; allowance nullified by protests within thirty days.]

The board of directors, if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall by order reject the said petition, but if they deem it for the best interests of the district that said lands be included the board may order that the district be so changed as to include therein the lands mentioned in the said petition. The order shall describe the entire boundaries of the district with the lands so included, if the district boundaries be changed thereby, and for that purpose the board may cause a survey to be made of such portion of such boundaries as may be deemed necessary: provided, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the inclusion of such lands in said district, said order shall be held for naught and said lands shall not be included therein. History: Laws 1919, ch. 41, § 36; C.S. 1929, § 73-236; 1941 Comp., § 77-2140; 1953 Comp., § 75-22-40. 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. — 45 Am. Jur. 2d Irrigation §§ 58 to 61. 94 C.J.S. Waters § 321.
NM Stat § 73-9-43 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-43 - [Allowance of petition for annexation; certified copy of order and plat; recording; effect; evidence.]

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district showing such change, certified by the president and secretary, shall be filed for record in the office of the county clerk of each county in which are situate any of the lands of the district, and the district shall remain an irrigation district as fully to all intents and purposes as if the lands which are included in the district by the change aforesaid had been included therein at the organization of the district; and said district as so changed and all the lands therein shall be liable for all existing obligations and indebtedness of the organized district. Upon the filing of the copies of the order and the plat, as herein mentioned, copies thereof, certified by said county clerk, shall be admissible in evidence to prove the inclusion of said lands in said district. History: Laws 1919, ch. 41, § 37; C.S. 1929, § 73-237; 1941 Comp., § 77-2141; 1953 Comp., § 75-22-41. 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. — 45 Am. Jur. 2d Irrigation § 56. 93 C.J.S. Waters § 15.
NM Stat § 73-9-44 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-44 - Participation in proceedings for change of district boundaries.

A guardian, conservator or personal representative of an estate, who is appointed as such under the laws of this state, and who, as such guardian, conservator or personal representative, is entitled to the possession of the lands belonging to the estate which he represents, may on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign any petition or protest in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed or additional lands included therein. History: Laws 1919, ch. 41, § 38; C.S. 1929, § 73-238; 1941 Comp., § 77-2142; 1953 Comp., § 75-22-42; Laws 1975, ch. 257, § 8-129. ANNOTATIONSCompiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 59. 94 C.J.S. Waters § 319.
NM Stat § 73-9-45 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-45 - [Redivision of district after annexation.]

In case of the inclusion of any lands within any district by proceedings under this act the board of directors shall, if they deem necessary, at least thirty days prior to the next succeeding regular election, make an order redividing such district into three divisions, as nearly equal in size as may be practicable, and one director shall thereafter be elected for each division as hereinbefore provided. History: Laws 1919, ch. 41, § 39; C.S. 1929, § 73-239; 1941 Comp., § 77-2143; 1953 Comp., § 75-22-43. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 59. 93 C.J.S. Waters § 76.
NM Stat § 73-9-46 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-46 - [Exclusion of lands from district; authorization; effect.]

Any tract of land included within the boundaries of any such district, at or after its organization under the provisions of this act, may be excluded therefrom, in the manner herein prescribed, but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatever kind or nature; nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which the district or the land so excluded is liable or chargeable, at the time such land is excluded from the district. History: Laws 1919, ch. 41, § 40; C.S. 1929, § 73-240; 1941 Comp., § 77-2144; 1953 Comp., § 75-22-44. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319.
NM Stat § 73-9-47 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-47 - Petition or resolution for exclusion.

The owner or owners in fee of any lands constituting a portion of any irrigation district, may file with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The board of directors of said district may also initiate such exclusion proceedings against any lands which, in their judgment, it would be for the best interests of the district and all parties interested therein to exclude, by resolution adopted by it and included in the minutes of any regular meeting of said board or of any special meeting thereof called for that purpose. Said petition or said resolution shall describe the lands which the petitioners or the board of directors desire to have excluded, but the description of such lands need not be more particular than required when lands are entered in the assessment book by the county assessor. When such exclusion proceedings shall be initiated by petition of landowners, said petition must be acknowledged in the same manner and form as is required in case of a conveyance of land. History: Laws 1919, ch. 41, § 41; C.S. 1929, § 73-241; Laws 1935, ch. 36, § 4; 1941 Comp., § 77-2145; 1953 Comp., § 75-22-45. ANNOTATIONSCompiler's notes. — Although the title of Laws 1927, ch. 148, purports to amend Laws 1919, ch. 41, § 41, the section was not included in that act. The title should have included § 41 as § 49 was amended by Laws 1927, ch. 148. See compiler's note under 73-9-55 NMSA 1978. Cross references. — For acknowledgements, see 14-14-1 to 14-14-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319.