reglab/housing_qa huggingface dataset:
NM Stat § 73-2-53 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-53 - [Degaguas; irrigation from; irrigation with excess water; subject to regular payment; use without consent of mayordomo; penalty.]

The owners of irrigable land, situate in the margin of any drainage or discharges of water from any public ditch, being a member or members of said ditch, shall have to pay for the irrigation of said lands in the same manner as all other lands belonging to said ditches, whether they irrigate them for the uses of harvest, or for hay land, alfalfa or other pasture, and shall not be excused on the pretext that they only use the excess of water of said ditch. And if such owners of land use the water without the consent of the mayordomo, they shall be fined in a sum not less than ten dollars ($10.00) nor more than twenty dollars ($20.00). History: Laws 1903, ch. 85, § 2; Code 1915, § 5782; C.S. 1929, § 151-452; 1941 Comp., § 77-1449; 1953 Comp., § 75-14-50. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The "preceding section" referred to is § 5776 Code of 1915, now compiled as 73-2-47 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 9.
NM Stat § 73-2-54 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-54 - [Joint spillways or degaguas; use of water without consent; penalty.]

When two or more public ditches drain their excess of waters at the same drainage, the same shall be considered as joint owners of said drainage and no person or persons that may own lands on either side of said drainage shall have the right to use the water of said drainage without the consent of the mayordomos of said joint owners, and said owners of land shall not be permitted to put any impediment, encumbrances, or sidegates or dams upon said drainage and if at any time it shall be discovered that they use the water with the object of irrigating land whether it may be for harvest, or hay land to cut hay or to purchase stock of any kind, they shall be responsible for the damages that the excess of water may cause in time of flood; furthermore if they use the water without the consent of the mayordomos of said joint owners' drainage, they shall be fined in a sum not less than five dollars ($5.00) nor more than ten dollars ($10.00) for each and every offense. History: Laws 1903, ch. 85, § 3; Code 1915, § 5783; C.S. 1929, § 151-453; 1941 Comp., § 77-1450; 1953 Comp., § 75-14-51. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 49.
NM Stat § 73-2-55 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-55 - [Joint spillways or degaguas; use of water; authority of majority of mayordomos.]

The majority of the mayordomos of said ditches of the joint drainage, shall be authorized to make arrangements with said owners of land regarding the use of said excess waters, and the result of said arrangements shall be for the benefit of all ditches that may discharge the water upon such drainage. History: Laws 1903, ch. 85, § 4; Code 1915, § 5784; C.S. 1929, § 151-454; 1941 Comp., § 77-1451; 1953 Comp., § 75-14-52. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-2-55.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-55.1 - Water banking; acequias and community ditches.

An acequia or community ditch may establish a water bank for the purpose of temporarily reallocating water without change of purpose of use or point of diversion to augment the water supplies available for the places of use served by the acequia or community ditch. The acequia or community ditch water bank may make temporary transfers of place of use without formal proceedings before the state engineer, and water rights placed in the acequia or community ditch water bank shall not be subject to loss for non-use during the period the rights are placed in the water bank. An acequia or community ditch water bank established pursuant to this section is not subject to recognition or approval by the interstate stream commission or the state engineer. History: Laws 2003, ch. 54, § 1 and Laws 2003, ch. 132, § 1. ANNOTATIONSCross references. — For additional enactment concerning water banking, see 72-1-2.3 NMSA 1978. Duplicate laws. — Laws 2003, ch. 54, § 1 and Laws 2003, ch. 132, § 1, both effective June 20, 2003, enacted identical new sections.
NM Stat § 73-2-57 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-57 - [Crossing lands in reconstruction; compensation; determination; procedure.]

Should they deem it necessary, the mayordomo may cut through the lands of any person or persons, by first obtaining their consent, by the community of such ditch offering to pay a compensation, to be agreed upon between the owner or owners of the lands through which the ditch is to be opened, and the parties interested in the said ditch. If the owner or owners, who shall be solicited to permit their lands to be ditched, in the cases mentioned in the preceding section [73-2-56 NMSA 1978], should improperly refues [refuse] or decline to accept the compensation offered by the parties interested in such ditch, or ask a compensation which the parties interested do not agree to on account of its exorbitance, in such case the mayordomo of said ditch shall lay the case before the justice of the peace [magistrate court] of the precinct in which such ditch may be situated, and it shall be the duty of the justice of the peace [magistrate court], to whom the case is presented, to appoint three men, experts, of known integrity, to establish a just compensation to be paid to the owner or owners solicited to permit their lands to be ditched through in the cases above mentioned. History: Laws 1919, ch. 39, § 2; C.S. 1929, § 151-458; 1941 Comp., § 77-1453; 1953 Comp., § 75-14-54. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court. Compiler's notes. — The "preceding section" referred to in the section means Laws 1919, Ch. 39, § 1, now compiled as 73-2-56 NMSA 1978. Cross references. — For provisions relating to construction of ditches, see 73-2-1 to 73-2-3 NMSA 1978. For general provision for condemnation of land for ditches, see 72-1-5 NMSA 1978. No experts appointed unless petition showed preconditions met. — Justice had no jurisdiction to appoint experts to appraise property involved in relocation of ditch unless petition showed that all the conditions existed as set forth in 25, 1897 C.L. (since repealed), and that the owner had notice of the application. Leyba v. Armijo, 1902-NMSC-017, 11 N.M. 437, 68 P. 939. Commissioners must prove public necessity for taking. — In taking land for public use on either side of the ditch when either building a new ditch or enlarging or extending a ditch, the burden would be on commissioners to prove public necessity for the taking. 1969 Op. Att'y Gen. No. 69-96. Inverse condemnation suit proper. — In the event that ditch commissioners were to take land without initiating condemnation proceedings, landowner may institute his own suit for inverse condemnation and receive just compensation for the taking. 1969 Op. Att'y Gen. No. 69-96.
NM Stat § 73-2-58 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-58 - [Appraisers; oath.]

Whenever the three experts shall be appointed as appraisers, before they enter upon their duties as such appraisers, they shall file in the office of the justice of the peace [magistrate], who appointed them, an oath to faithfully, legally and impartially discharge the duties for which they were appointed. History: Laws 1919, ch. 39, § 3; C.S. 1929, § 151-459; 1941 Comp., § 77-1454; 1953 Comp., § 75-14-55. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 90 et seq.
NM Stat § 73-2-59 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-59 - [Appraisement; notice to landowners; contents; service; return.]

Before proceeding to examine the land or lands over which the new ditch should be opened, the appraisers shall give the owner or owners of such land or lands, not less than three nor more than ten days' notice in writing of the time and place they will meet to examine and appraise said land or lands; such notice shall also contain a description as near as can be ascertained, of such proposed ditch, enlargement, extension or reconstruction, the point of entry and the direction thereof, upon said land or lands, and that at such time and place the said appraisers will hear and consider any evidence the owner or owners may desire to present as to the damages he or they will sustain by reason of his or their land or lands being so ditched. The notice herein provided for shall be served upon such owner or owners, and the returns made thereon by the constable of the precinct, or the sheriff of the county, in the same manner as service is made in civil cases, in justice of the peace courts [magistrate courts]; the notice and returns showing the manner in which the same was served shall be filed by the appraisers with the justice of the peace [magistrate] who appointed them, at the time they file their report. History: Laws 1919, ch. 39, § 4; C.S. 1929, § 151-460; 1941 Comp., § 77-1455; 1953 Comp., § 75-14-56. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court. Cross references. — For service in civil cases in magistrate courts, see Rule 2-203 NMRA.
NM Stat § 73-2-60 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-60 - [Report of appraisers; contents.]

Whenever any land or lands of any person or persons are to be appraised, as in the cases above mentioned, the experts who shall make such appraisement, shall make a report which shall be filed in the office of the justice of the peace [magistrate] who appointed them, setting forth therein the name of the person whose land was appraised, and the sum to be paid him by the parties interested in the public ditch for which the opening on the land is solicited; they shall also state in said report, in the most distinct manner possible, the direction and the place and point where the opening for such ditch shall be made upon said land. History: Laws 1919, ch. 39, § 5; C.S. 1929, § 151-461; 1941 Comp., § 77-1456; 1953 Comp., § 75-14-57. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
NM Stat § 73-2-61 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-61 - [Payment of appraised value; right to possession; forcible entry and detainer.]

The parties interested shall possess the right of property in the land or lands paid for under the five preceding sections [73-2-56 to 73-2-60 NMSA 1978], and in case of legal resistance being made to the possession of the land by the parties interested in a public ditch, they may compel the person or persons who interpose such resistance to desist therefrom, by an action of forcible entry and detainer, as provided by law, but the parties interested shall first pay the appraised value of such land or lands provided that said appraisers shall be impartial persons. History: Laws 1919, ch. 39, § 6; C.S. 1929, § 151-462; 1941 Comp., § 77-1457; 1953 Comp., § 75-14-58. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The "five preceding sections" referred to in the section means Laws 1919, Ch. 39, §§ 1-5, now compiled as 73-2-56 to 73-2-60 NMSA 1978. Cross references. — For action of forcible entry and detainer, see Chapter 35, Article 10 NMSA 1978.
NM Stat § 73-2-62 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-62 - [Appeal from appraisement to district court.]

Any person or persons aggrieved by the amount of damages assessed or allowed by any appraisers appointed as provided for in the foregoing sections, may appeal by himself, his agent or attorney to the district court of the county where the same was rendered, in the same manner as appeals are taken from judgments rendered in justice of the peace courts [magistrate courts], provided that the only issue on any such appeal shall be the amount of damages sustained by such landowner or owners. History: Laws 1919, ch. 39, § 7; C.S. 1929, § 151-463; 1941 Comp., § 77-1458; 1953 Comp., § 75-14-59. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court. Cross references. — For procedure for appeal from magistrate court to district court, see 35-13-1 to 35-13-3 NMSA 1978, and Rule 2-705 NMRA. For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). Prior remedy was petition for writ of certiorari. — Certiorari was the proper remedy to bring up for review all the proceedings before a justice on condemnation of land for ditch purposes. Leyba v. Armijo, 1902-NMSC-017, 11 N.M. 437, 68 P. 939 (decided under former law).
NM Stat § 73-2-63 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-63 - [Change in place of diversion; permit unnecessary.]

It shall not be necessary for the officers of public community acequias established and in operation prior to March 19, 1907, to make any application to, or obtain any permit from, the state engineer or the board of water commissioners in order to change the place of diversion; provided that by such change no increase in the amount of water appropriated shall be made beyond the amount to which the acequia was formerly entitled. History: Laws 1912, ch. 26, § 1; Code 1915, § 5771; C.S. 1929, § 151-441; 1941 Comp., § 77-1459; 1953 Comp., § 75-14-60. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1923, ch. 28, § 4, compiled as 72-2-11 NMSA 1978, abolished the board of water commissioners and provided for the transfer of the board's records to the state engineer. Cross references. — For general requirement that changing point of diversion be approved by state engineer, see 72-5-24 NMSA 1978. For the state engineer, see 72-2-11 NMSA 1978. Generally as to regulation by state engineer. — Prior existing right to change place of diversion is not subject to regulation by state engineer under Laws 1907, ch. 49 (now Section 72-5-24 NMSA 1978). Pueblo of Isleta v. Tondre, 1913-NMSC-067, 18 N.M. 388, 137 P. 86 (decided under law prior to enactment of this section). Approval of change in acequia necessary once water rights adjudicated. — If the water rights of an acequia have been adjudicated, then the state engineer must approve any change in amount or location of diversion, regardless of whether or not it is a community acequia. Honey Boy Haven, Inc. v. Roybal, 1978-NMSC-088, 92 N.M. 603, 592 P.2d 959. Change in place of diversion contemplated by section is one in which exigencies require immediate reconstruction. Honey Boy Haven, Inc. v. Roybal, 1978-NMSC-088, 92 N.M. 603, 592 P.2d 959. Law reviews. — For comment on Mathers v. Texaco, Inc., 77 N.M. 239, 421 P.2d 771 (1966), see 7 Nat. Resources J. 433 (1967). For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971). For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).
NM Stat § 73-2-65 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-65 - Acequia commission; created; membership; terms.

A. There is created the "acequia commission", which is administratively attached to the local government division of the department of finance and administration. B. The acequia commission shall be appointed by the governor and shall consist of eleven members who reside in the irrigated areas of the state containing acequias. Members shall own land irrigated from an acequia or community ditch organized pursuant to a ditch or acequia statute. Each member appointed by the governor shall serve a term of four years. C. The initial appointments to the acequia commission shall include the ten persons serving as members of the governor's acequia commission, organized pursuant to executive order 88-06, and one member of the public who has a background in business. Of the initial appointees, four members shall be appointed by lot for two-year terms, four members shall be appointed by lot for three-year terms and three members shall be appointed by lot for four-year terms. D. The acequia commission shall meet at the call of the chairman not less than quarterly and not more than once a month. The chairman shall be elected from among the members of the commission. History: Laws 1993, ch. 293, § 1.
NM Stat § 73-2-66 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-66 - Powers and duties.

The acequia commission shall: A. provide advice and assist the governor, legislature, office of the state engineer and interstate stream commission and the United States army corps of engineers in establishing acequia and community ditch rehabilitation priorities and other acequia and community ditch matters; B. serve as a facilitator for communication between acequia and community ditch associations and state and federal agencies; and C. review and comment on any plan or legislation affecting acequias or community ditches to the governor, the legislature, the secretary of agriculture and the interstate stream commission. History: Laws 1993, ch. 293, § 2.
NM Stat § 73-2-67 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-67 - Legal counsel.

The office of the attorney general shall represent and be the legal advisor to the acequia commission. History: Laws 1993, ch. 293, § 3.
NM Stat § 73-2-68 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-68 - Per diem.

The members of the acequia commission shall be paid in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: Laws 1993, ch. 293, § 4.
NM Stat § 73-2A-1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2A - Acequia and Community Ditch Fund|Section 73-2A-1 - Short title.

This act [73-2A-1 to 73-2A-3 NMSA 1978] may be cited as the "Acequia and Community Ditch Fund Act". History: Laws 1988, ch. 157, § 1.
NM Stat § 73-2A-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2A - Acequia and Community Ditch Fund|Section 73-2A-2 - Purpose of act.

The purpose of the Acequia and Community Ditch Fund Act is to provide financial assistance to acequias and community ditch systems to develop hydrological studies, acquire technical and legal research and other information and services necessary to conserve and protect water for New Mexico's future through the adjudication of water rights. History: Laws 1988, ch. 157, § 2.