reglab/housing_qa huggingface dataset:
NM Stat § 73-9-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-15 - [Meetings of directors; quorum; concurrence; records; entry on lands; acquisition of property; tax exemption.]

The board of directors shall hold a regular quarterly meeting in their office on the first Tuesday in January, April, July and October of each year and such special meetings as may be required for the proper transaction of business. All special meetings shall be called by the president of the board, or any two directors. All meetings of the board must be made public, and two members shall constitute a quorum for the transaction of business; and on all questions requiring a vote there shall be a concurrence of at least two members of said board. All records of the board must be open to the inspection of any elector during business hours. The board, its agents and employees, shall have the right to enter upon any land in the district to make surveys and to locate and construct any canal or canals and the necessary laterals. Said board shall also have the right to acquire all lands, water rights, franchises and other property necessary for the construction, use, maintenance, repair and improvement of its canals, ditches, reservoirs and waterworks; and shall also have the right by purchase or condemnation to acquire rights-of-way for the construction or enlargement of any of its ditches, canals or reservoirs, also lands for reservoir sites. The title to all property acquired under the provisions of this act shall immediately and by operation of law vest in such irrigation district, in its corporate name, and such property shall be held for the uses and purposes set forth in this act, and shall be exempt from all taxation. History: Laws 1919, ch. 41, § 13; C.S. 1929, § 73-213; 1941 Comp., § 77-2113; 1953 Comp., § 75-22-13. 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. Director's acts not voided by informality. — Where all members of the board of directors of an irrigation district are present at a meeting, the acts done are not void although the meeting was not formally "called." Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 57, 70 to 72.
NM Stat § 73-9-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-16 - [Acquisition of property; suits; judicial notice and presumption of organization; certified copies as evidence.]

The said board is hereby authorized and empowered to take conveyances or contracts for all property or rights acquired by it under the provisions of this act in the name of such irrigation district to and for the purposes herein expressed, and to institute and maintain any and all actions, proceedings and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any or all rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits or proceedings the said board may sue, appear and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits and proceedings in any court of this state of the organization and existence of any irrigation district in this state now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in Section 6 [73-9-6 NMSA 1978] of this act; and a certified copy of said order shall be prima facie evidence in all actions, suits and proceedings in any court in this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth; and any such irrigation district, in regard to which any such order has been heretofore or may hereafter be entered, and such certified copy thereof so filed for record, and which has exercised or shall exercise rights and powers of such district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the formation or organization whereof shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, established and existing irrigation district within the meaning of this act, and its due and lawful formation and organization shall not thereafter be questioned in any action, suit or proceeding whether brought under the provisions of this act or otherwise. History: Laws 1919, ch. 41, § 14; C.S. 1929, § 73-214; 1941 Comp., § 77-2114; 1953 Comp., § 75-22-14. 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 §§ 41 to 43. 94 C.J.S. Waters § 321.
NM Stat § 73-9-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-19 - Bonds; how paid; liens.

Any and all bonds issued under the provisions of this act, and the interest coupons attached thereto, shall be paid by revenue derived from an annual ad valorem assessment and levy upon all of the real property within the district, which real property shall be and remain liable to be assessed for the payment of such bonds until such bonds, both principal and interest, are fully paid, and said assessment shall be made, levied and collected in the same manner as are general county and state taxes. Said bonds, interest coupons and the assessments made for their payment shall be and remain a perpetual lien upon all of the real property located within said district until said bonds and all interest coupons thereto appurtenant have been paid in full. The sale of any land within the district for general or other taxes [shall] in no manner divest said real property so sold of the lien of said bonds, interest coupons and assessments. History: Laws 1919, ch. 41, § 17; C.S. 1929, § 73-217; Laws 1934 (S.S.), ch. 8, § 3; 1935, ch. 36, § 3; 1941 Comp., § 77-2117; 1953 Comp., § 75-22-17. 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 §§ 67 to 69. 94 C.J.S. Waters § 345.
NM Stat § 73-9-20 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-20 - Special proceedings to enforce collection.

In the event of any default in the payment of the interest upon or principal of any bonds issued, and if the said district or its proper officers shall fail or neglect to enforce payment of any unpaid assessment, the holder of any one of said bonds may, for himself and for the benefit of all others similarly situated, enforce the said liens and collect the assessments by suit or action against the land or lands, property or properties on which such assessment has not been paid, and against said district; or may apply for the appointment of a receiver to collect the assessment and enforce the liens aforesaid; and the proceeds of such assessments and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by said board, which are then due and payable; and the said receiver may be directed by suit to foreclose the lien of said assessments on said property. The suits so brought by any bondholder or receiver shall be conducted in all matters as suits for the collection of debts and foreclosure of liens under mortgages and trust deeds, and the decree in such suits and the deeds issued pursuant thereto shall have the same presumption in their favor: provided, however, that when all such sums have been paid, the receiver shall be discharged, and the affairs of the district conducted by the board as hereinbefore provided. In any special proceeding commenced under the provisions of this section, the district, and all land and all property or properties on which assessments have not been paid, may be made joint defendants, but separate judgments shall be entered and enforced. History: C.S. 1929, § 73-217a, enacted by Laws 1934 (S.S.), ch. 8, § 4; 1941 Comp., § 77-2118; 1953 Comp., § 75-22-18. ANNOTATIONSIrrigation district not state agency. — Nowhere in this section is there any provision that such an irrigation district is a state agency, and there is no contention that it is an agency of the United States, although it is organized to operate under and cooperate with the United States in one of its reclamation projects. Hooker v. Village of Hatch, 1959-NMSC-066, 66 N.M. 184, 344 P.2d 699. Village cannot sell gas to district. — The village of Hatch may not sell gas to an irrigation district more than five miles from the village boundary, and it necessarily follows that the village also may not sell gas to an improvement district organized under the authority of the irrigation district. Hooker v. Village of Hatch, 1959-NMSC-066, 66 N.M. 184, 344 P.2d 699. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 67 to 69. 94 C.J.S. Waters § 345.
NM Stat § 73-9-21 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-21 - President and secretary to compile bond statement.

Upon the execution, issuance and delivery of such bonds, the president and secretary of the board of directors of any such irrigation district shall, forthwith, compile a statement in detail showing the amount of such issue, the rate of interest, the respective dates of maturity and interest payment dates; and if registered, the name or names of the registered owner or owners of said bonds, certifying to the same under their hands and the official seal of the district. Said certified statement shall thereupon be delivered to the county assessor of the county where such district is located, and if such district be located in more than one county, to the county assessor of each county where any part thereof is located. Thereafter it shall be the duty of said county assessor or county assessors, as and when they prepare the assessment rolls for each succeeding year thereafter, to include an ad valorem tax upon all of the real estate located within said irrigation district, in his county, in an amount sufficient to pay and retire the interest coupons and principal of said bonds, as and when they mature, according to the schedule so furnished by the president and secretary of said district, and it shall further be the duty of the board of county commissioners of said county or counties, as and when it makes it [its] levy for state and county taxes for each succeeding year, to make a levy upon all of the real estate within said district and in their respective counties, upon an ad valorem basis, in an amount sufficient to pay and retire the interest coupons and principal of said bonds, as and when they mature, said assessments and levies to be made in the same manner as taxes for general county and state purposes are levied, as provided by law; it being the intention hereby to place the duty and responsibility of making such assessment and levy upon said district lands for bond and coupon retirement requirements upon the county assessor and county commissioners, after the certified lists of bonds issued have been furnished by the president and secretary, as herein required. History: C.S. 1929, § 73-217b, enacted by Laws 1934 (S.S.), ch. 8, § 5; 1941 Comp., § 77-2119; 1953 Comp., § 75-22-19. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 67 to 69. 94 C.J.S. Waters § 345.
NM Stat § 73-9-22 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-22 - Directors certify amounts needed; assessment; no funds to be transferred.

It shall be the duty of the board of directors of the district, on or before September first of each year, to determine the amount of money required to meet the maintenance, operating and current expenses of the district for the ensuing fiscal year, and such additional sums as may be necessary to meet any deficiency for payment of maintenance or operation expenses theretofore incurred, and to certify the same to the board of county commissioners. Such certificate shall specify the sum required for each of the purposes therein mentioned. The county treasurer shall distribute the proceeds of the ad valorem taxes levied by the county commissioners under this act for the purpose of paying and retiring outstanding bonds and interest coupons, to the credit of a fund to be known as "bond fund" and shall distribute the proceeds of the specific taxes levied on request of the board of directors of said district through their budget for maintenance, operation and current expenses, to a separate fund, established and maintained for said last-mentioned purposes. It shall be unlawful to transfer any money from either the bond fund or the maintenance, operation and current expense fund, or to use the money therein for any other purpose, so long as any obligations of the district which should be paid out of such funds, respectively, remain unpaid. The county treasurer is authorized to pay out of said bond fund any matured bond or coupon of the district, upon presentation of said bond, coupon or coupons, for that purpose, and without warrant from the board of directors of said district, and to pay out of the maintenance, operation and current expense fund or funds, any water charges or rentals due by the district and unpaid without warrant signed by the president and secretary of the district, in any case where the district officers neglect or refuse to issue such warrant in time to meet such obligations when due. History: Laws 1919, ch. 41, § 18; 1921, ch. 173, § 1; C.S. 1929, § 73-218; Laws 1934 (S.S.), ch. 8, § 6; 1941 Comp., § 77-2120; 1953 Comp., § 75-22-20. ANNOTATIONSCompiler's notes. — Laws 1934, ch. 8, § 6, provided it was amending Laws 1929, ch. 173, § 1, being § 73-218 of the Code of 1929. It correctly included the 1929 compilation number, § 73-218 in the 1929 compilation of Laws 1921, ch. 173, § 1 which was the section actually amended in 1934. 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 § 2. 94 C.J.S. Waters § 321.
NM Stat § 73-9-23 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-23 - Board of directors to submit accurate description of lands to county assessor.

That the board of directors of any such irrigation district shall, on or before September first of each succeeding year after the passage of this act, cause to be prepared an accurate description of all of the lands within their respective districts, as then legally constituted, and which lands are liable under the provisions of this act [73-9-17 to 73-9-27, 73-9-50, 73-13-4, 73-13-23 NMSA 1978] to an assessment for debt service or district maintenance purposes; that said list shall be certified to by the president and secretary of the district and delivered to the county assessor or assessors of the county or counties within which said lands or any portion thereof are located. History: C.S. 1929, § 73-218a, enacted by Laws 1934 (S.S.), ch. 8, § 7; 1941 Comp., § 77-2121; 1953 Comp., § 75-22-21. ANNOTATIONSCross references. — For information to be furnished assessor, see 7-38-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 71, 72. 94 C.J.S. Waters § 334.
NM Stat § 73-9-24 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-24 - Tax assessments.

It shall be the duty of the county assessor of any county embracing the whole or a part of any irrigation district, to assess and enter upon his tax rolls each year, the name of the owner, if known, and the description and area of each tract of land in said district in his said county, subject to assessment and taxation under this act, and upon receipt by such assessor of the notice from the county commissioner of the levies to be made as hereinafter provided, he shall extend the same upon his tax roll to be collected in the same manner as other taxes. History: Laws 1919, ch. 41, § 19; C.S. 1929, § 73-219; Laws 1934 (S.S.), ch. 8, § 8; 1941 Comp., § 77-2122; 1953 Comp., § 75-22-22. 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 §§ 71, 72. 94 C.J.S. Waters § 334.
NM Stat § 73-9-25 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-25 - Creation of sinking fund.

An assessment and levy for the retirement and payment of any outstanding bonds of any such district shall be made for each and every year after the issuance and delivery of such bonds, for the purpose of creating a sinking fund out of which said bonds and interest accruing thereon may be paid, as and when they mature, and a failure or refusal on the part of the taxing officers of said county or counties to make such bond levy, for any year, shall be a misdemeanor and each such taxing officer shall be punished therefor, accordingly. History: C.S. 1929, § 73-219a, enacted by Laws 1934 (S.S.), ch. 8, § 9; 1941 Comp., § 77-2123; 1953 Comp., § 75-22-23. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 243.
NM Stat § 73-9-29 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-29 - [Contracts for construction of works; advertisement; bids; contractor's bond; supervision by engineer.]

After adopting a plan for the construction of canals, reservoirs and works, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation district extends, provided a newspaper is published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for proposals or may proceed to construct the work under their own superintendence. Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge subject to the approval of the board. History: Laws 1919, ch. 41, § 23; C.S. 1929, § 73-223; 1941 Comp., § 77-2127; 1953 Comp., § 75-22-27. 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. Project under federal grant requires shorter notice. — Any municipality or political subdivision is permitted to advertise the construction of public works projects when under federal loan or grant for a minimum period, not exceeding five days, regardless of the provisions of any general, special, or local law which may provide for a longer period of advertisement. 1939 Op. Att'y Gen. No. 39-3107. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 80 to 87. 94 C.J.S. Waters § 321.
NM Stat § 73-9-30 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-30 - [Claims against district; verification; allowance; warrants; register; payment.]

No claims shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall state the date authorized by the board and for what purpose: provided, no warrant shall be issued or obligation incurred unless the district treasurer has sufficient funds on hand to pay such warrant when it is presented for payment. All claims against the district shall be verified and the secretary of the district is hereby authorized and empowered to administered [administer] oaths to the parties verifying said claims, the same as the county clerk or a notary public might do. The district treasurer shall keep a register in which he shall enter each warrant as issued and as presented for payment, showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and all warrants shall be paid in the order of their presentation for payment to the district treasurer. All warrants shall be drawn payable to the claimant or bearer, the same as county warrants. History: Laws 1919, ch. 41, § 24; C.S. 1929, § 73-224; 1941 Comp., § 77-2128; 1953 Comp., § 75-22-28. 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 §§ 64, 65. 94 C.J.S. Waters § 365.