reglab/housing_qa huggingface dataset:
NM Stat § 73-17-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-5 - Prohibition of injury to survey marks [; field notes are district property]

The wilful destruction, injury or removal of any bench marks, witness marks, stakes or other reference marks, placed by the surveyors or engineers or by contractors in constructing the works of the district, shall be a misdemeanor, punishable by fine not exceeding one hundred ($100) dollars. The original field notes of surveys shall be the permanent property of the district. History: Laws 1927, ch. 45, § 702; C.S. 1929, § 30-702; 1941 Comp., § 77-3005; 1953 Comp., § 75-31-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-17-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-6 - Liability for damages.

A. All persons and public corporations, shall be liable for damages done to works of the district by themselves, their agents, their employes [employees] or by their livestock. Any person guilty of wilful damage shall be guilty of a misdemeanor, and shall be fined not to exceed two hundred ($200) dollars and costs and shall be liable for all damages and costs. The board shall have authority to repair such damage at the expense of the person or public corporation causing the same. B. In all cases declared misdemeanors by this act, any justice of the peace [magistrate] of the county in which the offense is committed shall have jurisdiction thereof, and upon complaint being made as is now required by law, may issue a warrant directed to any proper officer of his county, for the arrest of any person so charged with any such misdemeanor, and upon the arrest of such person, the justice of the peace [magistrate] before whom such person is brought for trial shall hear and determine the cause, and if he finds the accused guilty, shall assess the fine as prescribed in this act. History: Laws 1927, ch. 45, § 703; C.S. 1929, § 30-703; 1941 Comp., § 77-3006; 1953 Comp., § 75-31-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of the justice of the peace was abolished by 35-1-38 NMSA 1978, which also provided that references to the justice of the peace shall be construed as references to the magistrate court. Compiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978. Cross references. — For interference with use of works, see 72-8-3 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood § 41.
NM Stat § 73-17-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-7 - Penalty for fraud.

The making of profit, directly or indirectly, by any officer of any district, or by any other public officer within the state, out of any contracts entered into by the district, or the use of any money belonging to the district by loaning it or otherwise using it, or by depositing the same in any manner contrary to law or by removal of any money by any such officer or by his consent, and placing it elsewhere than is prescribed, either by law or by the official acts of the board, for the purpose of profit, shall constitute a felony, and on conviction thereof shall subject such officer to imprisonment in the state penitentiary for a term not exceeding two years, or a fine not exceeding five thousand ($5,000) dollars or both fine and imprisonment, and the officer offending shall be liable personally and upon his official bond for all losses to such district, and for all profits realized by such unlawful use of monies. History: Laws 1927, ch. 45, § 704; C.S. 1929, § 30-704; 1941 Comp., § 77-3007; 1953 Comp., § 75-31-7.
NM Stat § 73-17-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-8 - Removal of officials for cause.

Any director or other officer of any district organized under this act may be removed for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized. History: Laws 1927, ch. 45, § 705; C.S. 1929, § 30-705; 1941 Comp., § 77-3008; 1953 Comp., § 75-31-8. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 61. 52A C.J.S. Levees and Flood Control § 21; 94 C.J.S. Waters § 320.
NM Stat § 73-17-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-9 - Remedy by mandamus.

The performance of all duties prescribed in this act concerning the organization and administration or operation of a district may be enforced against any officer thereof or against any person or public corporation refusing to comply with any order of the board, by mandamus, at the instance of the said board or of any person or public corporation interested in any way in such district or proposed district. Such proceedings shall be instituted in the district court having jurisdiction of the original case. History: Laws 1927, ch. 45, § 706; C.S. 1929, § 30-706; 1941 Comp., § 77-3009; 1953 Comp., § 75-31-9. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978. Cross references. — For mandamus, see 44-2-1 to 44-2-14 NMSA 1978.
NM Stat § 73-17-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-10 - Cooperation with United States government or other agencies.

The board shall have the right and authority to enter into contracts or other arrangements with the United States government or any department thereof; or with the state government of this or other states; or with irrigation, drainage, conservation, conservancy or other improvement districts, in this or other states; or with persons, or public corporations; for cooperation or assistance in making surveys or investigations and reports thereon; in constructing, maintaining, using and operating works of the district, in acquiring, purchasing, extending, operating or maintaining constructed works; water supplies, water systems, irrigation or drainage works, dam and reservoir sites; in building dams to impound flood waters; in conserving and using the said waters for irrigation or other purposes, including the development of hydroelectric energy; in purchasing, leasing or acquiring land or property in adjoining states in order to secure outlets and other needs of the district; and in any other manner furthering the purposes and incidental purposes of districts. History: Laws 1927, ch. 45, § 801; C.S. 1929, § 30-801; 1941 Comp., § 77-3010; 1953 Comp., § 75-31-10.
NM Stat § 73-17-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-11 - Board to secure cooperation.

Whenever lands owned by the federal government or over which it has jurisdiction or control, shall be included in any district, the board shall immediately upon its appointment, proceed to make all necessary arrangements with the proper department or agency of the government for cooperating in making the contemplated improvements to the end that the said lands may properly remain within the district, and may be charged with and bear their just share of the costs of the improvements. History: Laws 1927, ch. 45, § 802; C.S. 1929, § 30-802; 1941 Comp., § 77-3011; 1953 Comp., § 75-31-11.
NM Stat § 73-17-12 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-12 - Interference with state and federal rights.

Should the contemplated improvements by any district interfere with any right or property of the federal government or any state government and it becomes necessary to obtain permission and consent of such governments or any of the departments or agents thereof, to carry out such improvements, the board shall enter into any compact, agreement or contract to obtain the necessary permission and consent for the purpose of making the improvements contemplated; provided, however, the failure of the board to obtain such permission and consent for the district shall not be taken advantage of by any property owner in any proceeding against the district and such failure shall only be questioned by such governments as shall have their rights interfered with. History: Laws 1927, ch. 45, § 803; C.S. 1929, § 30-803; 1941 Comp., § 77-3012; 1953 Comp., § 75-31-12.
NM Stat § 73-17-13 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-13 - Federal [or state] appropriations.

The board shall by proper action obtain the money or the use thereof, of any fund created by any federal or state appropriations heretofore or hereafter to be made, to which the district may be entitled for discharging, fulfilling and accomplishing the objects and purposes for which such appropriations were made. History: Laws 1927, ch. 45, § 804; C.S. 1929, § 30-804; 1941 Comp., § 77-3013; 1953 Comp., § 75-31-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-17-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-15 - Correction of faulty notices.

A. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given and thereupon shall proceed as though notice had been properly given in the first instance. B. In case any particular appraisal or appraisals, assessment or assessments, levy or levies, shall be held void for want of legal notice, or in case the board shall determine that any notice with reference to any land or lands may be faulty, then the board may file a motion in the original cause asking that the court order notice to be given to the owner of such land or lands, and the court shall set a time for hearing as provided in this act. And in case the original notice as a whole shall be held to be sufficient, but faulty only with reference to publication as to certain particular lands, in such case only the owners of and persons interested in such particular lands need be notified by such subsequent notice, and if the publication of any notice in any court shall be held to be defective or not made in time, publication of the defective notice need be had only in the county in which the defect occurred. History: Laws 1927, ch. 45, § 901; C.S. 1929, § 30-901; 1941 Comp., § 77-3015; 1953 Comp., § 75-31-15. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.
NM Stat § 73-17-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-16 - Early hearings.

All cases in which there may arise a question of the validity of the organization of a conservancy district, or a question of the validity of any proceedings under this act, shall be advanced as a matter of immediate public interest and concern, and heard in all courts at the earliest practicable moment. The courts shall be open at all times for the purposes of this act. History: Laws 1927, ch. 45, § 902; C.S. 1929, § 30-902; 1941 Comp., § 77-3016; 1953 Comp., § 75-31-16. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.
NM Stat § 73-17-17 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-17 - Appeals shall not delay proceedings.

A. No appeal under this act shall be permitted to interrupt or delay any action or the prosecution of any work, except where the appellant is entitled to a jury trial under the constitution of the state, in which case, only so much of the work shall be interrupted or delayed as would constitute a taking or damaging of the property of such appellant. B. The right of appeal from orders and decrees of said court shall exist as in civil cases, except no proceeding to review an order or decree of the court, entered under the provisions of this act, shall be commenced after thirty (30) days from the entry of the order or decree sought to be reviewed. C. The board shall have the same right as property owners to invoke the jurisdiction of the supreme court of the state of New Mexico to review any reviewable order or decree of the court made in any proceeding. D. The failure to appeal from or seek a review of any order or decree of the court in any proceedings, within the time specified herein, shall constitute a waiver of any irregularity in the proceedings, and the remedies provided herein shall exclude all other remedies except as herein provided. History: Laws 1927, ch. 45, § 903; C.S. 1929, § 30-903; 1941 Comp., § 77-3017; 1953 Comp., § 75-31-17. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978. Cross references. — For Rules of Appellate Procedure, see 12-101 NMRA. Constitutionality of former limitation provisions. — Conservancy Act of 1923 (Laws 1923, ch. 140) was not unconstitutional because of the provisions of Section 903 thereof restricting time for appeal and providing that same should not delay proceedings except where appellant was entitled to a jury trial under the Constitution. In re Proposed Middle Rio Grande Conservancy Dist., 1925-NMSC-058, 31 N.M. 188, 242 P. 683. Effect of present limitation. — The supreme court had no jurisdiction where the appeal was not taken within the thirty days prescribed by this section. Albuquerque Gun Club v. Middle Rio Grande Conservancy Dist., 1937-NMSC-092, 42 N.M. 8, 74 P.2d 67. Provisions governing right of appeal. — Right of appeal from judgment awarding damages under the Conservancy Act (Laws 1927, ch. 45) is controlled by that statute and not by the general statute covering appeals from the district court. Albuquerque Gun Club v. Middle Rio Grande Conservancy Dist., 1937-NMSC-092, 42 N.M. 8, 74 P.2d 67. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 600 et seq. 73A C.J.S. Public Administrative Law and Procedure §§ 172 to 201.
NM Stat § 73-17-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-19 - Short forms and abbreviations.

A. In any order of the court the words "the court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding," shall be equivalent to a finding of existence of each jurisdictional fact necessary to confer plenary jurisdiction upon the court and necessary from the proper signing and filing of the initial petitions to the date of the order to meet every legal requirement imposed by this act. B. No other or further evidence of the legal hypothecation of the proceeds of any special assessment levied hereunder, for the payment of bonds or warrants issued pursuant to this act shall be required than the passage of a resolution by the board of directors and the issuance of bonds or warrants in accordance therewith. C. In the preparation of any assessment or appraisal record the usual abbreviations employed by engineers, surveyors and abstracters may be used. D. Where properly to describe any parcel of land, it would be necessary to use a long description, the appraisers after locating the land generally, may refer to the book and page of the public record of any instrument in which the land is described, or they may utilize plat numbers or other designations that may be established by the chief engineer in district surveys, copies of which surveys shall be received and filed in the office of the county clerk in the county or counties in which the lands are situated, which reference shall be sufficient for all the purposes of this act to identify the land described in the records so referred to. E. It shall not be necessary, in any notice required to be published by this act, to specify the names of the owners of the lands or property of the persons interested therein; but any such notice may be addressed "To All Persons and Public Corporations Interested" with like effect as though such notice named by name every owner of any lands or property within the territory specified in the notice and every person interested therein and every lienor, actual or inchoate. History: Laws 1927, ch. 45, § 905; C.S. 1929, § 30-905; 1941 Comp., § 77-3019; 1953 Comp., § 75-31-19. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978. Cross references. — For forms, see 73-17-24 NMSA 1978.
NM Stat § 73-17-20 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-20 - Liberal construction.

This act being necessary to secure and preserve the public health, safety, convenience and welfare, and being necessary for the prevention of great loss of life, and for the security of public and private property from floods and other uncontrolled waters, it shall be liberally construed to effect the purposes of this act. History: Laws 1927, ch. 45, § 906; C.S. 1929, § 30-906; 1941 Comp., § 77-3020; 1953 Comp., § 75-31-20. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978. Absence of provisions reposing management in property-owners not unconstitutional. — The absence of provisions reposing the management of the conservancy district in the property-owners does not violate any constitutional provision. This is a general law (Laws 1927, ch. 45) and not special or class legislation. Gutierrez v. Middle Rio Grande Conservancy Dist., 1929-NMSC-071, 34 N.M. 346, 282 P. 1, cert. denied, 280 U.S. 610, 50 S. Ct. 158, 74 L. Ed. 653 (1930). Raising of constitutional questions. — Questions involving the constitutionality of the act (Laws 1927, ch. 45) cannot be considered unless raised in the court below. Cater v. Sunshine Valley Conservancy Dist., 1928-NMSC-061, 33 N.M. 583, 274 P. 52.
NM Stat § 73-17-21 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-21 - Prescription and adverse possession.

The rights of the district to the waters of the district, or the use thereof, or the land within the district and property owned by it shall not be lost by the district by prescription or by adverse possession, or for nonuse of the waters. History: Laws 1927, ch. 45, § 908; C.S. 1929, § 30-908; 1941 Comp., § 77-3021; 1953 Comp., § 75-31-21. ANNOTATIONSDistrict may not lose priority rights over other users by nonuse. — In a prior appropriation system, the right to use a certain quantity of water is inextricably linked to the priority date of that right; therefore the section precludes a claim of abandonment of a conservancy district's priority rights over other users of the same stream by reason of nonuse. City of Raton v. Vermejo Conservancy Dist., 1984-NMSC-037, 101 N.M. 95, 678 P.2d 1170. Section does not deny equal protection. — The legislature's distinction between conservancy districts and other appropriators, with respect to the loss of water rights through nonuse, is neither unreasonable nor arbitrary and thus this section does not deny equal protection. City of Raton v. Vermejo Conservancy Dist., 1984-NMSC-037, 101 N.M. 95, 678 P.2d 1170. Law reviews. — For article, "Possible Solutions: Policy Tools to Achieve Flexibility to Meet New Conditions, Preliminary Thoughts for Coping with Future Droughts," see 39 Nat. Resources J. 175 (1999).
NM Stat § 73-17-22 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-22 - Property, title, tax exempt.

Title to all rights and property acquired by any district, shall immediately and by operation of law, vest in such district in its corporate name; such property shall be held for the uses and purposes of the district, and shall be exempt from all taxation. History: Laws 1927, ch. 45, § 909; C.S. 1929, § 30-909; 1941 Comp., § 77-3022; 1953 Comp., § 75-31-22. ANNOTATIONSCross references. — For tax exemptions, see N.M. Const., art. VIII, § 3.
NM Stat § 73-17-23 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 17 - Conservancy Districts; General Provisions|Section 73-17-23 - Saving clause and repeals.

A. The purposes and powers herein contained and provided for are hereby granted to and conferred upon conservancy districts heretofore organized under the provisions of Chapter 140 of the Laws of New Mexico of 1923 and all the provisions hereof shall be held applicable in the manner herein prescribed, to such conservancy districts heretofore organized under said Chapter 140 of the Laws of New Mexico of 1923 and all acts and proceedings done or had, and obligations incurred by any such conservancy district or its directors or officers under and pursuant to the provisions of the aforesaid act are hereby ratified and confirmed. B. Chapter 140 of the Laws of New Mexico of 1923, entitled "An act to provide for the organization of conservancy districts for the purpose of cooperating with the government of the United States under the terms of the federal reclamation law and other federal laws, and to define the purposes and powers thereof," is hereby repealed; but such repeal shall not invalidate any act or proceeding theretofore done under said act; provided, however, that the continuity and status of any district organized under the provisions of said Chapter 140 of the Laws of New Mexico of 1923, shall be unaffected by the repeal of said Chapter 140, and such district shall, after this act is in full force and effect, continue to exist under and be governed by the provisions of this act. C. All other acts or parts of acts conflicting in any way with any of the provisions of this act, in regard to improvements of the character contemplated by this act, or regulating or limiting the power of taxation or assessment or otherwise interfering with the execution of this act according to its terms, are hereby declared inoperative and ineffective as to this act, as completely as if they did not exist, but all such acts and parts of acts shall not in any way be otherwise affected by this act. History: Laws 1927, ch. 45, § 910; C.S. 1929, § 30-910; 1941 Comp., § 77-3023; 1953 Comp., § 75-31-23. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978. For the federal reclamation law, referred to in this section, see 43 U.S.C. § 371 et seq.