reglab/housing_qa huggingface dataset:
NM Stat § 73-2-17 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-17 - [Disqualifications.]

All appointments made in conflict with the preceding section [73-2-16 NMSA 1978] are hereby declared void and of no effect. History: Laws 1891, ch. 90, § 2; C.L. 1897, § 51; Code 1915, § 5748; C.S. 1929, § 151-418; 1941 Comp., § 77-1417; 1953 Comp., § 75-14-17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. "Preceding section" referred to § 5747, Code of 1915, now compiled as 73-2-16 NMSA 1978. Cross references. — For elections in certain counties, see 73-3-3 NMSA 1978.
NM Stat § 73-2-18 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-18 - [Pay of mayordomo.]

The pay and other perquisites of the mayordomos shall be determined by a majority of the owners of the land irrigated by said ditch or acequia. History: Laws 1851-1852, p. 277, § 4; C.L. 1865, ch. 1, § 12; C.L. 1884, § 29; C.L. 1897, § 31; Code 1915, § 5749; C.S. 1929, § 151-419; 1941 Comp., § 77-1418; 1953 Comp., § 75-14-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For compensation of mayordomo in certain counties, see 73-3-2 NMSA 1978.
NM Stat § 73-2-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-19 - [Mayordomo; not to lease lands.]

It shall be unlawful for any mayordomo or mayordomos of acequias, to take on shares, care for, or rent or lease any lands, lots or alfalfa fields under irrigation within the ditches for which they are mayordomos, during the time that they are said mayordomos, besides those lands actually belonging to them as their own property or that of their wives. History: Laws 1899, ch. 73, § 1; Code 1915, § 5750; C.S. 1929, § 151-420; 1941 Comp., § 77-1419; 1953 Comp., § 75-14-19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-2-20 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-20 - [Mayordomo not to lease lands; penalty.]

Any violation of the preceding section [73-2-19 NMSA 1978] shall be considered a misdemeanor, and be punishable upon conviction by imprisonment in the county jail for not less than thirty days nor more than six months, or by a fine of not less than $25.00 nor more than $100 or both, at the discretion of the court. History: Laws 1899, ch. 73, § 2; Code 1915, § 5751; C.S. 1929, § 151-421; 1941 Comp., § 77-1420; 1953 Comp., § 75-14-20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. "Preceding section" refers to § 5750, Code of 1915, now compiled as 73-20-19 NMSA 1978.
NM Stat § 73-2-22 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-22 - [Acequia and community ditch associations; borrowing money; contracting indebtedness; security for payment.]

All acequia and community ditch associations are authorized to borrow money and otherwise contract indebtedness for the purposes of the district and, without limitation of the generality of the foregoing, to borrow money and accept grants from the United States, or from any corporation or agency created or designated by the United States, and, in connection with any such loan or grant, to enter into agreements as the United States or such corporation or agency may require, and to issue its notes or obligations therefor, and to secure the payment thereof by mortgage, pledge or deed of trust covering any of its property, assets, rights, privileges, licenses, rights-of-way, easements, revenues, income and assessments. History: 1953 Comp., § 75-14-21.1, enacted by Laws 1965, ch. 183, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Borrowing power necessarily implied. — Borrowing of funds by a community ditch to improve, rehabilitate or extend its facilities for irrigation is necessarily implied from the powers granted to it. 1964 Op. Att'y Gen. No. 64-95 (opinion rendered before enactment of this section). Law reviews. — For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 56, 115. 28 C.J.S. Drains §§ 6, 79; 94 C.J.S. Waters § 339.
NM Stat § 73-2-22.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-22.1 - Acequia and community ditch associations; additional powers; water rights acquisition; nonforfeiture.

A. Any acequia or community ditch association has the power to acquire and hold property and water rights and transfer and use the property and water rights so acquired pursuant to law. B. The rights of an acequia or community ditch association to the waters of the acequia or association or their use or the lands and property owned by the acequia or association shall not be lost by the acequia or community ditch association by prescription or adverse possession or for nonuse of waters except as provided in Section 72-5-28 NMSA 1978. History: 1978 Comp., § 73-2-22.1, enacted by Laws 1987, ch. 352, § 1.
NM Stat § 73-2-23 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-23 - [Reimbursement of commissioner's expenses.]

The commissioner of each acequia shall be entitled to actual expenses incurred while in the performance of their [his] duties. Provided that the maximum rates which may be allowed for travel by privately owned conveyances shall be eight (8) cents per mile and provided further that if more than one commissioner shall travel in the same privately owned conveyances such mileage shall be charged but once. History: 1941 Comp., § 77-1421a, enacted by Laws 1945, ch. 46, § 1; 1953 Comp., § 75-14-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Attorney fees. — Where defendants installed a new headgate on the association's acequia system without obtaining the approval of the association or the mayordomo; the mayordomo and a commissioner on behalf of the association obtained a temporary restraining order prohibiting defendants from continuing work on the ditch; and the district court awarded the association attorney fees, the award of attorney fees was not authorized by 73-2-23 or 73-2-64 NMSA 1978. Parkview Cmty. Ditch Ass'n v. Peper, 2014-NMCA-049.
NM Stat § 73-2-24 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-24 - [Maximum charge in lieu of fatigue work; excepted counties.]

That hereafter in this state the commissioners of community ditches when receiving money in lieu of fatigue work or tasks, shall not fix the price of such work or task at a greater rate than one dollar and fifty cents ($1.50) per day, for one person's labor, nor at a greater rate than three dollars ($3.00) per wagon, scraper or plow with team of horses and man per day, when that sort of work is called for. This act [this section] shall not apply to the counties of San Miguel, Torrance, Lincoln, Otero, Taos, Rio Arriba and Quay. History: Laws 1921, ch. 111, § 1; C.S. 1929, § 151-464; 1941 Comp., § 77-1422; 1953 Comp., § 75-14-23. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1921, ch. 111, contained only three sections: Section 1 was the substantive provision (this section), Section 2 repealed all conflicting provisions and Section 3 declared an emergency.
NM Stat § 73-2-25 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-25 - Persons delinquent not to use water; penalty.

No person who has, after due notice, failed or refused to do his work, or pay the amount assessed against him in lieu of the work upon the acequia or ditch, shall be allowed to take or use any water from the same or any contra acequia or lateral thereof, while default on the payment of failure to do work continues. Any person who continues to take or use any water after having been given notice of failure or refusal to do his work, or pay the amount assessed against him in lieu of the work shall pay a civil penalty for the benefit of the ditch or acequia of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). The penalty may be recovered in an action by the ditch officials before the magistrate court in the county where the ditch is located. History: Laws 1895, ch. 1, § 5; C.L. 1897, § 12; Code 1915, § 5755; C.S. 1929, § 151-425; 1941 Comp., § 77-1423; 1953 Comp., § 75-14-24; Laws 1977, ch. 184, § 1. ANNOTATIONSCross references. — For penalty for failure to furnish laborers required by mayordomo, see 73-2-31 NMSA 1978. For disposition of fines and forfeitures, see 73-2-32 NMSA 1978. For provisions governing certain counties, see 73-3-5 and 73-3-6 NMSA 1978. The 1977 amendment added "penalty" to the section heading, added the last two sentences and made minor changes in phraseology in the first sentence. Generally as to remedy provided by section. — No remedy is provided for collection of assessments levied by acequia commissioners except the deprivation of delinquent party of the right to the use of water until payment is made. If party, after default and notice to quit takes and uses water, he is guilty of a misdemeanor. La Mesa Cmty. Ditch v. Appelzoeller, 1914-NMSC-033, 19 N.M. 75, 140 P. 1051 (decided before 1977 amendment of this section and the enactment of Section 73-2-26 NMSA 1978). Statutory remedy exclusive. — Community officers are necessarily confined to remedy given. La Acequia de San Rafael del Guique v. Lopez, 1963-NMSC-134, 72 N.M. 349, 383 P.2d 826 (decided before 1977 amendment). Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 96.
NM Stat § 73-2-27 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-27 - [Community ditches defined.]

The provisions of these sections shall apply only to such ditches as have been heretofore and are now known and regarded as community ditches, under the laws of this state; and under the provisions of said sections, shall be construed to mean such ditches as are not private, and such as are not incorporated under the laws of this state or of some other state or territory, and are held and owned by more than two owners as tenants in common, or joint tenants. History: Laws 1895, ch. 1, § 8; C.L. 1897, § 14; Code 1915, § 5756; C.S. 1929, § 151-426; 1941 Comp., § 77-1424; 1953 Comp., § 75-14-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "these sections" and "said sections" means §§ 5744, 5746, 5753, 5755 and 5756, Code of 1915. The 1915 Code sections were continuation of Ch. 1, §§ 1 to 9 Laws of 1895. See the Repealing and Saving Clause of the [1915] Codification. These sections are compiled as 73-2-11, 73-2-12, 73-2-14, 73-2-21, 73-2-25 and 73-2-27 NMSA 1978. Meaning of "these sections". — This section does not apply to Section 73-2-5 NMSA 1978. Cox v. Hanlen, 1998-NMCA-015, 124 N.M. 529, 953 P.2d 294, cert. denied, 124 N.M. 418, 952 P.2d 19. Earthen dam distinguished from community ditch. — Unlike community ditches, an earthen dam for impounding of water for irrigation system which is owned by a nonprofit corporation is subject to taxation. Storrie Project Water Users' Ass'n v. Gonzales, 1949-NMSC-052, 53 N.M. 421, 209 P.2d 530 (1949). Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).
NM Stat § 73-2-28 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-28 - Acequia and community ditch associations.

Acequia and community ditch associations are political subdivisions of this state. As political subdivisions of the state, acequia and community ditch associations are authorized to receive loans from the interstate stream commission from the New Mexico irrigation works construction fund. History: 1953 Comp., § 75-14-25.1, enacted by Laws 1965, ch. 145, § 1; 2001, ch. 221, § 2. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, added the second sentence. Community ditches may condemn land. — Since community ditches are political subdivisions of the state, under power of eminent domain they may condemn land for the construction of ditches. 1969 Op. Att'y Gen. No. 69-96. 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. — 28 C.J.S. Drains §§ 6, 79.
NM Stat § 73-2-28.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-28.1 - Acequias and community ditch associations; insurance coverage.

Officers, volunteers and employees of acequias and community ditch associations are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and upon request by the acequia or community ditch association shall be provided all insurance and self-insurance coverage provided by the risk management division of the general services department. History: Laws 2006, ch. 54, § 2 and Laws 2006, ch. 55, § 2. ANNOTATIONSCross references. — For the risk management division, see 15-7-2 NMSA 1978. Duplicate laws. — Laws 2006, ch. 54, § 2 and Laws 2006, ch. 55, §2 enacted identical new sections, both effective May 17, 2006.
NM Stat § 73-2-29 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-29 - [Improper conduct of mayordomo or commissioner; removal from office; temporary appointment of successor.]

If any mayordomo or commissioner of any such ditch or acequia shall neglect or refuse to perform the duties required of him, fail to or [sic] conduct himself with propriety or justice in his office or take any bribe, in money, property, or otherwise as an inducement to act improperly, or neglect the duties of his office or be guilty of misfeasance, malfeasance or nonfeasance he shall be removed from office in an action brought in the district court of the county where the public ditch or acequia or larger portion thereof is located. Such action may be brought by any water user of such public ditch or acequia provided that no cost or expenses for such action shall be assessed to the water user of such district or acequia. If a commissioner or mayordomo is removed as above provided the district judge removing him shall appoint a commissioner or mayordomo to serve until the next election. History: 1941 Comp., § 77-1425a, enacted by Laws 1945, ch. 46, § 2; 1953 Comp., § 75-14-26. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For failure to perform duties with respect to bridges, see 73-2-46 NMSA 1978. For failure to prosecute person interfering with ditch or using water unlawfully, see 73-2-64 NMSA 1978. For penalties for misconduct by mayordomo or commissioner in certain counties, see 73-3-8 and 73-3-9 NMSA 1978.
NM Stat § 73-2-30 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-30 - [Duty to furnish laborers.]

It shall be the duty of the proprietors to furnish, each one, the number of laborers required by the mayordomo, at the time and place he may designate, for the purposes mentioned in the foregoing section and for the time he may deem necessary. History: Laws 1851-1852, p. 277, § 6; C.L. 1865, ch. 1, § 14; C.L. 1884, § 37; C.L. 1897, § 34; Code 1915, § 5760; C.S. 1929, § 151-430; 1941 Comp., § 77-1426; 1953 Comp., § 75-14-27. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compile's notes. — The words "in the foregoing section" refers to § 5757, Code of 1915, compiled as 73-2-34 NMSA 1978 Cross references. — For owners' duty to labor and the measurement thereof, see 73-2-33 to 73-2-41 NMSA 1978. For laboring requirements in certain counties, see 73-3-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 343.
NM Stat § 73-2-31 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-31 - Failure to furnish laborers.

If any proprietor of any land irrigated by any such ditch shall neglect or refuse to furnish the number of laborers required by the mayordomo, as prescribed in Section 73-2-30 NMSA 1978, after having been legally notified by the mayordomo, he shall pay a civil penalty for each offense in a sum not exceeding twenty dollars ($20.00) for the benefit of the ditch, which shall be recovered by the mayordomo before any magistrate in the county, and in such cases the mayordomo may be a competent witness to prove the offense, or any fact that may serve to constitute the same. The amounts collected under this section shall be considered as an additional penalty and are not construed to amend or limit the provisions of Section 73-2-25 or 73-2-26 NMSA 1978. History: Laws 1851-1852, p. 277, § 9; C.S. 1865, ch. 1, § 17; C.L. 1884, § 38; C.L. 1897, § 35; Code 1915, § 5761; C.S. 1929, § 151-431; 1941 Comp., § 77-1427; 1953 Comp., § 75-14-28; Laws 1977, ch. 184, § 3. ANNOTATIONSCross references. — For disposition of fines and forfeitures, see 73-2-32 NMSA 1978. For failure to assist mayordomo in stopping breaks or removing obstructions, see 73-2-34 NMSA 1978. For penalty for abandoning work, see 73-2-37 NMSA 1978. For provision applicable to certain counties, see 73-3-5 NMSA 1978. The 1977 amendment substituted, in the first sentence, the complete current statutory reference for "section 5760," [Code of 1915] "pay a civil penalty" for "be fined," "twenty dollars ($20.00)" for "ten dollars," "the ditch" for "said ditch" and "magistrate" for "justice of the peace" and added the last sentence. "Fine" should be construed to mean a pecuniary penalty merely, which may be sued for by the overseer (mayordomo) in his official capacity in the civil action, and when recovered, be received by him and applied to repairs of the acequia. Territory v. Baca, 1882-NMSC-002, 2 N.M. 183; Territory v. Tafoya, 1882-NMSC-001, 2 N.M. 191 (decided before 1977 amendment).
NM Stat § 73-2-32 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-32 - [Disposition of fines.]

All fines and forfeitures recovered for the use and benefit of any public ditch or acequia, shall be applied by the overseer [mayordomo or superintendent] to the improvements, excavation and bridges for the same, wherever it may be crossed by any public road where bridges may be necessary. History: Laws 1851-1852, p. 277, § 11; C.L. 1865, ch. 1, § 19; C.L. 1884, § 8; C.L. 1897, § 15; Code 1915, § 5757; C.S. 1929, § 151-427; 1941 Comp., § 77-1428; 1953 Comp., § 75-14-29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The officers of a public ditch or acequia do not include an overseer; the mayordomo, or superintendent, is the executive officer of the acequia, to whom the section apparently refers. See 73-2-12 and 73-2-21 NMSA 1978. Cross references. — For duty to bridge acequias, see 73-2-43 NMSA 1978. "Fines" construed. — In connection with Section 73-2-31 NMSA 1978, the word "fines" in this section should be construed to mean a pecuniary penalty merely, which could be sued for by the mayordomo in his official capacity in a civil action and received by him and applied to repairs of the acequia. Territory v. Baca, 1882-NMSC-002, 2 N.M. 183.
NM Stat § 73-2-33 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-33 - [Duty to work.]

All owners of tillable lands shall labor on public ditches or acequias, whether they cultivate the land or not. History: Laws 1851-1852, p. 189, § 4; C.L. 1865, ch. 1, § 4; C.L. 1884, § 36; C.L. 1897, § 33; Code 1915, § 5758; C.S. 1929, § 151-428; 1941 Comp., § 77-1429; 1953 Comp., § 75-14-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provision applicable to certain counties, see 73-3-5 NMSA 1978.
NM Stat § 73-2-34 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-34 - Common labor; failure to work.

All persons interested in a common ditch or acequia, be they owners or lessees, shall labor thereon in proportion to their land. It is their duty when called upon by the mayordomo to assist him in stopping breaks in, or removing obstructions from, any such common ditch or acequia, regardless of whether or not they have performed their annual labor thereupon, and failure to respond to such call is a misdemeanor, and upon conviction thereof the defendant shall be fined in a sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), and shall be denied the use of waters of the ditch or acequia until the fine and costs are paid. History: Laws 1851-1852, p. 189, § 5; C.L. 1865, ch. 1, § 5; C.L. 1884, § 35; C.L. 1897, § 32; Laws 1903, ch. 44, § 4; Code 1915, § 5759; C.S. 1929, § 151-429; 1941 Comp., § 77-1430; 1953 Comp., § 75-14-31; Laws 1977, ch. 184, § 4. ANNOTATIONSCross references. — For other sanctions for not working, see 73-2-25 and 73-2-26 NMSA 1978. For penalty for abandoning work, see 73-2-37 NMSA 1978. For provisions applicable to certain counties, see 73-3-5 to 73-3-7 NMSA 1978. The 1977 amendment substituted the present section heading for "Labor to be in proportion to land - Additional labor - Penalty for failure to respond - Use of water denied" and, in the last sentence, substituted "It is" for "And it shall be" at the beginning, substituted "is" for "shall be deemed" preceding "a misdemeanor," substituted "twenty-five dollars ($25.00) nor more than fifty dollars ($50.00)" for "five dollars ($5.00) nor more than fifteen dollars ($15.00)," inserted "or acequia" following "ditch" near the end of the sentence and made other minor changes in phraseology and punctuation. Domestic use may not be considered. — The domestic use is so small, when compared to the other use to which water is applied by the appropriator, that the legislature possibly did not take such use into consideration in regulating labor to be performed upon the ditches. State ex rel. Cmty. Ditches v. Tularosa Cmty. Ditch, 1914-NMSC-069, 19 N.M. 352, 143 P. 207. Bylaw invalid. — Bylaw of ditch company which provides that those farther from the inlet contribute a greater portion for repairs than those nearer is invalid. State ex rel. Black v. Aztec Ditch Co., 1919-NMSC-057, 25 N.M. 590, 185 P. 549.
NM Stat § 73-2-35 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-35 - [Obligation to work continues until completion.]

Every person or persons, being tillers of irrigated lands, who shall have commenced the work on any public acequia in common labor, are and shall be obligated to continue on that work until the completion of the clearing of said acequia. History: Laws 1860-1861, p. 66, § 1; C.L. 1865, ch. 1, § 27; C.L. 1884, § 43; C.L. 1897, § 40; Code 1915, § 5763; C.S. 1929, § 151-433; 1941 Comp., § 77-1431; 1953 Comp., § 75-14-32. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Extent of duty. — It is the duty of owners of land affected by water through a community ditch to labor on the ditch in the maintenance and repair thereof in proportion to the land affected by it. State ex rel. Black v. Aztec Ditch Co., 1919-NMSC-057, 25 N.M. 590, 185 P. 549.