reglab/housing_qa huggingface dataset:
NM Stat § 73-18-1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-1 - Definition of terms.

Except when otherwise specified, as used in this act: A. the term "Conservancy Act" means the Conservancy Act of New Mexico, Chapter 45, Session Laws of 1927 (being Chapter 30, New Mexico Statutes Annotated, 1929 Compilation), as amended by Chapter 50, Session Laws of 1931, Chapter 80, Session Laws of 1933 and Chapter 37 and Chapter 150, Session Laws of 1935 (being Chapter 30, New Mexico Supplement, 1938), and any subsequent amendment thereof; B. the term "reclamation law" means the act of congress approved June 17, 1902, 32 Statutes at Large 388, and acts amendatory thereof or supplementary thereto; C. the term "district" means a conservancy district heretofore organized or existing under the provisions of the Conservancy Act; D. the term "United States" means the United States of America; E. the term "reclamation contract" means any contract between a district and the United States under the provisions of the reclamation law for any of the purposes set forth in Section 2 [73-18-2 NMSA 1978] hereof; F. the term "contracting district" means any district which heretofore or hereafter shall have entered into a reclamation contract; G. the terms "contract indebtedness" and "contract obligation" mean respectively any indebtedness or obligation undertaken by a district in a reclamation contract; H. the terms "district lands" or "district real property" mean any real property within the boundaries of a district; I. the term "board" means the board of directors of a district. History: Laws 1939, ch. 148, § 1; 1941 Comp., § 77-3101; 1953 Comp., § 75-32-1. ANNOTATIONSCompiler's notes. — Laws 1931, ch. 50 was compiled as 73-16-41 to 73-16-49 NMSA 1978. Laws 1933, ch. 80, amended 73-14-3 and 75-14-17 NMSA 1978. Laws 1935, ch. 150 was superseded. See compiler's notes to 73-16-50 NMSA 1978. The words "this act" refer to Laws 1939, ch. 148, compiled as 73-18-1 to 73-18-6, 73-18-7, 73-18-8 and 73-18-9 to 73-18-24 NMSA 1978. "This act" may be referred to as "The Conservancy District-Reclamation Contract Act", 73-18-24 NMSA 1978. Laws 1927, ch. 45 enacted the Conservancy Act of New Mexico, the provisions of which are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978. See also 73-14-1 NMSA 1978 and note. For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto, see 43 U.S.C. § 371 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 24; 94 C.J.S. Waters § 316.
NM Stat § 73-18-3 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-3 - Contract procedure inapplicable.

The provisions of Section 309, Chapter 45, Session Laws of 1927 (being Section 73-14-40 NMSA 1978), shall not apply to any reclamation contract. History: Laws 1939, ch. 148, § 3; 1941 Comp., § 77-3103; 1953 Comp., § 75-32-3.
NM Stat § 73-18-4 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-4 - Plan of works.

The provisions of the Conservancy Act as to the formulation and approval and establishment of the official plan shall not apply to contracting districts with respect to works to be constructed pursuant to a reclamation contract, but the plan of works so to be constructed by the United States shall be such plan as may be formulated, altered, extended, modified or revised by the bureau of reclamation of the department of the interior. History: Laws 1939, ch. 148, § 4; 1941 Comp., § 77-3104; 1953 Comp., § 75-32-4. ANNOTATIONSCompiler's notes. — For the definition of "Conservancy Act" for purposes of the Conservancy District Reclamation Contract Act, 73-18-24 NMSA 1978, see the compiler's notes to 73-18-1 NMSA 1978. Cross references. — For adoption of official plan, see 73-14-36 NMSA 1978.
NM Stat § 73-18-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-5 - When certain provisions to apply; general obligation.

A. Except as otherwise herein provided, the provisions of the Conservancy Act relating to the appraisal and confirmation of benefits and assessments and levy pursuant thereto shall not apply to a contracting district. B. The provisions of the Conservancy Act relating to the appraisal and confirmation of benefits and assessments and levy pursuant thereto shall, with respect to assessments and levies for works to be constructed pursuant to reclamation contracts, apply as to any contracting district which, after the passage of this act [73-18-1 to 73-18-24 NMSA 1978], shall have executed a reclamation contract wherein it is expressly so provided and in that event the provisions of this act relating to classification of district real property, the apportionment of assessments and the assessment and levy pursuant thereto shall be applicable only to the extent expressly provided for in said reclamation contract. Notwithstanding the provisions of any other act and whether the revenues necessary to meet payments to the United States under a reclamation contract are to be raised under the provisions of Sections six, seven, eight and nine [73-18-6 to 73-18-9 NMSA 1978] of this act or under the provisions of the Conservancy Act relating to appraisal, confirmation, assessment of benefits and levy thereon, the indebtedness to the United States under a reclamation contract shall constitute a general obligation of the contracting district and of all the real property therein for the payment of which the district and all the real property therein shall be and remain liable until full payment thereof is made, notwithstanding default in payment by individual property owners. History: Laws 1939, ch. 148, § 5; 1941 Comp., § 77-3105; 1953 Comp., § 75-32-5. ANNOTATIONSCompiler's notes. — For definition of "Conservancy Act" for purposes of the Conservancy District Reclamation Contract Act, 73-18-24 NMSA 1978, see the compiler's notes to 73-18-1 NMSA 1978. Cross references. — For appraisal and confirmation of benefits and assessments, see 73-15-1 to 73-15-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 88. 94 C.J.S. Waters § 316.
NM Stat § 73-18-6.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-6.1 - Reclassification of property in certain districts.

A. Notwithstanding the provisions of Section 73-18-6 NMSA 1978 and in lieu thereof, the board of directors of any conservancy district created prior to 1930 embracing land situate in four or more counties and consisting of more than one hundred thousand acres, by resolution and with prior approval of the secretary of interior, in the manner it deems necessary for the welfare of the district and the benefit of the affected property owners of the district, shall establish by January 1, 1995 a unitary classification system for all benefited real property in the district for the purpose of annual ad valorem assessments and in addition shall set a water service charge for all irrigable lands in the district. The resolution of reclassification shall not become final and effective until it has been approved by the secretary of interior. Nothing in this subsection shall be construed to limit the authority of the board to prescribe assessments and charges on an ad valorem basis, on an acreage basis or on any other reasonable basis or any combination thereof. B. As used in this section: (1) "unitary classification system" means a single system for both irrigable and nonirrigable property in the district; and (2) "water service charge" means an additional charge levied only against lands which are served by the district's water delivery system. History: Laws 1993, ch. 270, § 1.
NM Stat § 73-18-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-7 - Apportionment.

The board of a contracting district, within 30 days after execution of a reclamation contract or within 30 days after the effective date of this act, whichever date is the later, shall by resolution determine and establish an apportionment of the annual assessments to be thereafter made from year to year against the real property within the district between Class "A" property and Class "B" property as in this act defined, providing in such resolution the percentage or fractional part of such total annual assessments thereafter to be levied in accordance with Section 8 [73-18-8 NMSA 1978] of this act which shall be apportioned to Class "A" property and that which shall be apportioned to Class "B" property. The action of the board of directors in establishing such apportionment shall be subject to the approval of the secretary of the interior and after the same shall have been approved shall be submitted to the conservancy court for judicial examination, approval and confirmation of such action as in Section 20 [73-18-20 NMSA 1978] hereof provided. Such apportionment may be modified in like manner from time to time thereafter, but not more frequently than once in every five years, and no such modification or reapportionment shall become effective until the same shall have been first approved by the secretary of the interior nor until such proposed reapportionment shall thereafter have been judicially examined, approved and confirmed by the conservancy court in the same manner as the original apportionment. History: Laws 1939, ch. 148, § 7; 1941 Comp., § 77-3107; 1953 Comp., § 75-32-7. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-18-1 NMSA 1978. Cross references. — For definition of conservancy court, see 73-14-3 G NMSA 1978. No unlawful delegation of legislative power. — This act (Sections 73-18-1 to 73-18-24 NMSA 1978) does not constitute an unlawful delegation of legislative power to the secretary of interior because of the further provision that the action of the secretary on apportionment of assessments as between irrigable lands and others must be submitted to the conservancy court for judicial examination, confirmation and approval. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338. Generally. — Under this section, the governing board of the district, after the execution of a contract, determines and establishes an apportionment of the annual assessments to be made against Class "A" and Class "B" property. Such apportionment is subject to the approval of the secretary of the interior and the approval and confirmation of the conservancy court. Such apportionment may be modified not more frequently than once every five years after approval by the secretary of the interior and conservancy court in the same manner as the original apportionment. 1960 Op. Att'y Gen. No. 60-209.
NM Stat § 73-18-7.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-7.1 - Assessment; modification; certain districts.

Notwithstanding the provisions of Section 73-18-7 NMSA 1978 and in lieu thereof, the board of directors of any conservancy district created prior to 1930 embracing land situate in four or more counties and having more than one hundred thousand acres shall determine and establish by resolution the annual assessments to be made from year to year against real property within the district pursuant to the reclassification of property adopted pursuant to Section 73-18-6.1 NMSA 1978. Such assessment may be modified in like manner from time to time, but not more frequently than once in every five years. History: Laws 1993, ch. 270, § 2. ANNOTATIONSEffective dates. — Laws 1993, ch. 270, § 6 made the act effective January 1, 1995.
NM Stat § 73-18-9.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-9.1 - County treasurers; district treasurers; certain districts; collection and disposition of assessments.

A. Notwithstanding the provisions of Section 73-18-9 NMSA 1978 and in lieu thereof, the county treasurer of any county wholly or partly within a conservancy district created prior to 1930, situate in four or more counties and consisting of more than one hundred thousand acres, shall collect and receipt for all ad valorem assessments levied by the conservancy district. B. The county treasurer of any county specified in Subsection A of this section shall collect the ad valorem assessments in the same manner and at the same time as is required for the collection of taxes upon real property for county purposes. C. The county treasurer shall remit such collections as provided in this section to the conservancy district treasurer no later than the twentieth of each month in the manner prescribed by Subsection B of Section 73-18-9 NMSA 1978. D. The treasurer of the conservancy district shall collect and receipt for all water service charges levied in accordance with the resolution and orders of the board of directors of the district. History: Laws 1993, ch. 270, § 4. ANNOTATIONSSaving clauses. — Laws 1993, ch. 270, § 5, effective January 1, 1995, provided that all due but unpaid assessments and levies charged on an ad valorem basis or an acreage basis by a conservancy district created prior to 1930 embracing land situate in four or more counties under the provisions of Article 8, Chapter 73 NMSA 1978 shall remain due until paid or until a final determination is made that the taxes are not due, and that any protests, claims for refund, court proceedings or other actions ongoing with respect to such assessments and levies shall be finally determined with respect to the applicable provisions of Article 8, Chapter 73 NMSA 1978 in effect for such a conservancy district prior to January 1, 1995.
NM Stat § 73-18-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-10 - Lien of assessments.

All assessments levied to meet any indebtedness due or to become due to the United States pursuant to the reclamation law, rules and regulations, a reclamation contract or notices or statements issued by the secretary of the interior thereunder, together with all interest on all assessments and penalties for default in payment of the same, and all costs in collecting the same, shall from the date on which there is filed in the office of the assessor of the county in which is situated the property upon which such assessment is made a certified copy of the resolution of the board determining the amount of money to be raised, fixing the rate of such assessments and making a levy therefor, shall constitute a perpetual lien upon all the district real property against which such assessments shall be so levied, to which only the lien for general or special state, county, city, town, village or school taxes shall be paramount, and no sales of such property to enforce any general or special state, county, city, town, village, school tax or other lien shall extinguish the perpetual lien of such assessments nor extinguish the liability of such property to future assessment for payment of any indebtedness to the United States provided for in a reclamation contract; and every other assessment hereafter levied upon any real property within the district, under the provisions of this act [73-18-1 to 73-18-24 NMSA 1978], is and shall be a lien upon the property against which such assessment is levied. All such assessments shall be collected, and all such liens shall be enforced in the same manner as assessments of taxes for state and county purposes are collected and the liens thereof are enforced. History: Laws 1939, ch. 148, § 10; 1941 Comp., § 77-3110; Laws 1947, ch. 205, § 1; 1953 Comp., § 75-32-10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 336.
NM Stat § 73-18-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-11 - State lands; public lands.

A. The board of a contracting district shall cause notice to be given to the commissioner of public lands annually of the amount of assessment to become due on account of lands of the state within the district and the commissioner of public lands shall cause the same to be paid out of any funds in his hands not otherwise appropriated. B. Public lands of the United States within any contracting district shall be subject to assessment for all purposes of this act [73-18-1 to 73-18-24 NMSA 1978] to the extent provided by the act of congress approved August 11, 1916, 39 Statutes at Large 506, upon full compliance therewith by the district. History: Laws 1939, ch. 148, § 11; 1941 Comp., § 77-3111; 1953 Comp., § 75-32-11. ANNOTATIONSCross references. — For the act of congress approved August 11, 1916, referred to in Subsection B, see 43 U.S.C. §§ 621 to 630. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 60. 94 C.J.S. Waters § 319(3).
NM Stat § 73-18-12 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-12 - Land disposal contracts authorized.

Contracts made by contracting districts, or landowners within contracting districts, for the purpose of limiting and controlling the size of land holdings entitled to receive water and providing for the disposition of lands in excess of such holdings, and of providing the manner of application of proceeds in the case of sales of district lands, in conformance with the provisions of the reclamation law, are hereby authorized and declared to be in accordance with the public policy of this state. History: Laws 1939, ch. 148, § 12; 1941 Comp., § 77-3112; 1953 Comp., § 75-32-12. ANNOTATIONSCompiler's notes. — For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto, see 43 U.S.C. § 371 et seq. Adoption of reclamation statutes by reference to the title of the federal Reclamation Act is not violative of N.M. Const., art. IV, § 18, where these reclamation statutes are not a necessary part of the act in which they are adopted. Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist., 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391. Excess acreage limitation is not confiscation of water user's land. Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist., 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391 (1953).
NM Stat § 73-18-13 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-13 - Water applications.

Every person desiring to receive water for use upon lands in a contracting district during the course of the year shall make application at the office of the district, furnishing therewith a statement in writing of the number of acres intended by him to be irrigated and a statement as near as may be of the crops planted or intended to be planted, which application upon its acceptance by or on behalf of the board of directors shall constitute a water service contract for the year covered thereby, subject to the reclamation law, reclamation contracts and rules and regulations thereunder, to the provisions of the Conservancy Act and this act [73-18-1 to 73-18-24 NMSA 1978]; and said application and resulting contract may provide, among other things, for tolls and charges for water which may be used in excess of the amount to which the applicant may be entitled on account of assessments and such tolls and charges shall constitute a lien upon lands upon which water is so used, and the water service contract records of a contracting district shall constitute public notice of the existence of such lien. History: Laws 1939, ch. 148, § 13; 1941 Comp., § 77-3113; 1953 Comp., § 75-32-13. ANNOTATIONSCompiler's notes. — For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto, see 43 U.S.C. § 371 et seq. For purposes of the Conservancy District Reclamation Contract Act, "Conservancy Act" means the Conservancy Act of New Mexico. See the compiler's notes to 73-18-1 NMSA 1978. Adoption of reclamation statutes by reference to the title of the federal Reclamation Act is not violative of N.M. Const., art. IV, § 18, where these reclamation statutes are not a necessary part of the act in which they are adopted. Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist., 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391. Crop approval. — In the operation of a large irrigation district, those charged with delivery of water must know the demand and how often water must be available for the landowners. It may seem harsh to require approval of particular crops, but where the United States is preparing to put a lot of money into a district, it may require the planting of such crops as are likely to yield sufficient return to enable the landowner to pay his obligations, and to prevent the planting of such a noxious crop as Johnson grass. Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist., 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 63. 94 C.J.S. Waters § 352.
NM Stat § 73-18-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-15 - Distribution of water supply.

All water, the right to the use of which is acquired by a district under a reclamation contract, shall be distributed and apportioned by the district in accordance with the acts of congress and rules and regulations promulgated or approved by the secretary of the interior, and the provisions of said contract in relation thereto. A contracting district may rent or lease water for use for any purpose within or without the district in pursuance of and in accordance with the provisions of said contract. The board of a contracting district may adopt rules and regulations for the distribution, apportionment and use of the district water supply, not inconsistent with those of the secretary of the interior, acts of congress or said contract and the same shall become effective when approved by the secretary of the interior. History: Laws 1939, ch. 148, § 15; 1941 Comp., § 77-3115; 1953 Comp., § 75-32-15. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 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 the control of the federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320.
NM Stat § 73-18-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 18 - Conservancy Districts; Reclamation Contracts|Section 73-18-16 - Use of district funds to pay contract indebtedness.

There may be used to pay indebtedness to the United States created by a reclamation contract, as the same may become due, the preliminary fund, construction fund, maintenance fund, guarantee fund or conservation and development fund, or any one or more of said funds, provided for by the Conservancy Act, of any contracting district within the provisions of Section 5 (B) [73-18-5 B NMSA 1978] of this act. History: Laws 1939, ch. 148, § 16; 1941 Comp., § 77-3116; 1953 Comp., § 75-32-16. ANNOTATIONSCompiler's notes. — For the meaning of "Conservancy Act", see the compiler's notes to 73-18-1 NMSA 1978. Cross references. — For preliminary, construction, maintenance and general funds, see 73-16-1 NMSA 1978. For conservation and development fund, see 73-16-32 NMSA 1978. For guarantee fund, see 73-16-41 NMSA 1978.