reglab/housing_qa huggingface dataset:
NM Stat § 73-8-56 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-56 - [Hearing on petition for validation of board proceedings.]

The court shall fix the time for hearing upon said petition, shall order the clerk of the court to publish notice of the filing of such petition, which shall be published for the time and in the manner hereinbefore provided with reference to all notices required to be published under this act [73-8-1 to 73-8-60 NMSA 1978]. The notice shall designate the time and place fixed for hearing upon the petition, shall embody the substance of the prayer of the petition and shall notify any and all persons interested in the organization of the district, or in the proceedings for the issuance or deposit of the bonds or in any such other proceedings as may be in question on or before the date fixed for such hearing, to appear, demur or answer the petition. Such petition may be referred to and described in the notice as "The petition of the Board of Directors of . . . . . . . . . Drainage District" (giving its name), praying that the proceedings for the issuance and deposit of bonds of the district, or for the authorization of contract with the United States, or for the determination of the rate of drainage benefits under contract with the United States or for the ascertainment and assessment of damages to district lands under drainage works, as the case may be, may be examined, approved and confirmed by the court. History: Laws 1917, ch. 22, § 56; C.S. 1929, § 40-256; 1941 Comp., § 77-2056; 1953 Comp., § 75-21-56. ANNOTATIONSCompiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978. Cross references. — For time and manner of publication of notices, see 73-8-2 and 73-8-3 NMSA 1978. For demurrers, pleas and exceptions for insufficiency of a pleading not to be used, see Rule 1-007(C) NMRA.
NM Stat § 73-8-57 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-57 - [Demurrers and answers to petition for validation of board proceedings.]

Any person interested in the drainage district or in the issue or deposit of such bonds, or in such other proceedings as may be in issue as herein provided, may demur to or answer the petition. The provisions of Chapter LXXXVIII of the New Mexico Statutes Annotated, Codification of 1915, respecting demurrer or answer to a verified complaint, shall be applicable to such proceeding. Any person so demurring or answering the petition shall be deemed a defendant to such special proceedings, and the board of directors shall be deemed to be the plaintiff. Every material allegation of the petition not specifically controverted by answer, shall, for the purpose of such special proceeding, be taken as true; and each person failing to appear, demur or answer the petition shall be deemed to admit as true all the material allegations of the petition. The rules of pleading and practice relating to appeals and writs of error as provided by the aforesaid Chapter LXXXVIII which are not inconsistent with the provisions of this act [73-8-1 to 73-8-60 NMSA 1978], shall be applicable to the special proceedings herein provided for. Provided, appeals to the supreme court of the state, involving special proceedings herein mentioned, shall be taken within thirty days, and shall be perfected within sixty days after the granting of any such appeal. History: Laws 1917, ch. 22, § 57; C.S. 1929, § 40-257; 1941 Comp., § 77-2057; 1953 Comp., § 75-21-57. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The provisions of Code 1915, ch. 88, referred to in this section, refer to §§ 4067 to 4529 of the Code of 1915 relative to procedure in the district court. Many of these sections were superseded by the Rules of Civil Procedure for the district courts. See 38-1-1 NMSA 1978 and annotations. For current sections of Chapter 88 of the Code of 1915 see the parallel table for the Code of 1915 to the NMSA 1978 in the Table of Corresponding Code Sections in the last volume of this compilation. See Rule 1-001 NMRA et seq. and Rule 23-101 NMRA et seq. The words "this act" in this section refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978. Cross references. — See Rule 12-601 to 12-608 NMRA for rules of the Supreme Court involving appeals of special proceedings. For demurrers, pleas and exceptions for insufficiency of a pleading not to be used, see Rule 1-007(C) NMRA.
NM Stat § 73-8-58 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-58 - [Consideration and judgment on petition to validate board proceedings.]

Upon the hearing of such special proceedings the court shall find and determine whether the notice of the filing of the petition has been duly given and published as required by this act [73-8-1 to 73-8-60 NMSA 1978], and shall have power and jurisdiction to examine into and determine the legality and validity of, and to approve and confirm each and all of the proceedings for the organization of any such district under the provisions of this act from and including petition for the organization of the district, and all other proceedings which may affect the legality or validity of the aforesaid bonds, or the order for the issuance and deposit thereof, and all of the proceedings, if any, as the case may be, for the authorization of the contract with the United States, and the validity of the determination of the rate of drainage benefits which shall have been made under any such contract with the United States, and of all proceedings for the ascertainment, and assessment of damages to district lands under drainage works. In inquiring into the regularity, legality or correctness of any such proceedings, the court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties to any such special proceedings; and the court may by decree approve and confirm such proceeding [proceedings] in part, and disapprove and declare illegal or invalid other portions of any such proceedings. The cost of any such special proceedings shall be allowed and apportioned between the parties in the discretion of the court. When finally made and entered the judgment in any such special proceedings shall be res judicata in all cases arising in connection with the organization of the district and the collection of taxes for payment of the principal and interest of bonds, or for payment of monies required by any contract with the United States or for the payment of any indebtedness or obligation incurred under or authorized by the provisions of this act. Provided, however, that a reopening of the judgment upon the rate of drainage benefits may be had at the petition of the board of directors. History: Laws 1917, ch. 22, § 58; C.S. 1929, § 40-258; 1941 Comp., § 77-2058; 1953 Comp., § 75-21-58. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
NM Stat § 73-8-59 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-59 - ["District" defined.]

The word "district" as used in this act [73-8-1 to 73-8-60 NMSA 1978] shall be held to mean and include only the lands described in the official order establishing any drainage district, and the official plat thereof of record in the office of the county clerk as by this act hereinbefore provided and such other lands as may be subsequently included in any such district in accordance with the provisions of this act. History: Laws 1917, ch. 22, § 59; C.S. 1929, § 40-259; 1941 Comp., § 77-2059; 1953 Comp., § 75-21-59. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this act" irefers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978. Cross references. — For recordation of official plat in office of county clerk, see 73-8-12, 73-8-41 and 73-8-50 NMSA 1978.
NM Stat § 73-8-60 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-60 - [Construction.]

Nothing in this act [73-8-1 to 73-8-60 NMSA 1978] shall be construed as affecting or interfering with the general right of appeal and the rules of practice and procedure relative thereto under existing laws, except as herein specifically limited; and nothing herein contained shall be construed to amend, expressly or by any implication, existing district drainage laws of the state, nor to enlarge or restrict any of the powers of districts organized under such laws, nor to affect any districts organized, or to be organized, under other district drainage laws of the state. History: Laws 1917, ch. 22, § 60; C.S. 1929, § 40-260; 1941 Comp., § 77-2060; 1953 Comp., § 75-21-60. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For general drainage district laws, see Chapter 73, Articles 6 and 7 NMSA 1978.
NM Stat § 73-9-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-2 - [Voting power of water users under town or village community ditches.]

Nothing in this act shall be construed to in any manner affect the rights of water users under community ditches in towns or villages in this state as to their voting power in determining whether any such ditch shall be included in an irrigation district, and each of said water users shall have the same right and voice in determining such question and in the signing of the statement provided for in the preceding section [73-9-1 NMSA 1978] as he has in the control and management of such ditch. History: Laws 1919, ch. 41, § 2; C.S. 1929, § 73-202; 1941 Comp., § 77-2102; 1953 Comp., § 75-22-2. 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 §§ 58 to 61. 94 C.J.S. Waters § 319.
NM Stat § 73-9-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-6 - [Determining and declaring results of election; effect; including district's lands in another district; officers holdover; change of divisions, voting precincts and polling places.]

The said board of county commissioners shall meet on the second Monday next after such election and canvass the votes cast thereat; and if it appears upon such canvass that at least two-thirds of the qualified electors voting at said election have voted "Irrigation District - Yes," the said board shall, by order duly entered upon the records, declare such territory duly organized as an irrigation district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for director to be duly elected to such office. Said board shall cause a copy of such order, including a plat of said district, duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands are situated, and no board of county commissioners of any county including any portion of such district shall, after the date of organization of such district, allow another district to be formed including any of the lands of such district, without the consent of the board of directors thereof; and from and after the date of such filing the organization of such district shall be complete and the officers thereof shall immediately enter upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices, respectively, until their successors are elected and qualified. The boundaries of said divisions and the voting precincts and polling places in any such district may, after such first election, be changed by order of the board of directors of the district: provided that the polling places shall be designated in the notice published for every election in the district. History: Laws 1919, ch. 41, § 6; C.S. 1929, § 73-206; 1941 Comp., § 77-2106; 1953 Comp., § 75-22-6. 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 § 58. 94 C.J.S. Waters § 319.
NM Stat § 73-9-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-7 - First election; terms.

At its first meeting within ten days after the election, the initial board shall determine by lot from its membership one member to serve for a term expiring on the next first Tuesday after the first Monday in December, and one member whose term expires on the same day for each of the succeeding two years, so that the term of one director will expire each year. History: 1953 Comp., § 75-22-6.1, enacted by Laws 1965, ch. 271, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 58. 94 C.J.S. Waters § 319.
NM Stat § 73-9-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-8 - Second and subsequent elections.

The regular election of the district shall be held on the first Tuesday after the first Monday in December in each year thereafter, at which one director shall be elected for a term of three years. The person receiving the highest number of votes is elected thereto. Within ten days after receiving his certificate of election, the director shall take and subscribe the official oath and file it in the office of the county clerk of the county where the organization was effected, and thereupon immediately assume the duties of office. Each member of the board of directors shall execute an official bond in the sum of three thousand dollars ($3,000) which shall be approved by the chairman of the board of county commissioners and recorded in the office of the county clerk. All official bonds shall be in the form prescribed by law for county officials, except that the obligee named in the bond shall be the district. The premiums upon the bonds and any bonds required from any other officer of the district shall be paid by the district. History: Laws 1919, ch. 41, § 7; C.S. 1929, § 73-207; 1941 Comp., § 77-2107; 1953 Comp., § 75-22-7; Laws 1965, ch. 271, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 58. 94 C.J.S. Waters § 319.
NM Stat § 73-9-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-9 - Irrigation districts; transitional features for present boards.

Immediately following the next election following the effective date of this section, each board of directors shall determine by lot from its membership one member to serve for a term expiring on the first Tuesday after the first Monday in December of the following year, and one member whose term expires on the same day for each of the succeeding two years, so that the term of one director will expire each year. History: 1953 Comp., § 75-22-7.1, enacted by Laws 1965, ch. 271, § 3. ANNOTATIONSEffective dates. — Laws 1965, ch. 271, contained no effective date provision, but was enacted at a session which adjourned on March 20, 1965. See N.M. Const., art. IV, § 23.
NM Stat § 73-9-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-10 - [Location of office; secretary; notice of elections; election board.]

The office of the board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this act, subsequent to the organization of the district, the secretary who shall be appointed by the board of directors shall cause notice, specifying the polling places of each precinct, to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the time for posting the notices, said board must appoint from each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at the hour may appoint the board or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the hour and the place in the precinct where the election must be held. History: Laws 1919, ch. 41, § 8; C.S. 1929, § 73-208; 1941 Comp., § 77-2108; 1953 Comp., § 75-22-8. 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. Cross references. — For location of office, see 73-13-1, 73-13-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 58. 94 C.J.S. Waters § 319.
NM Stat § 73-9-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-11 - [Election board; chairman's powers; opening and closing polls; return.]

One of the judges shall be chairman of the election board and may: first - administer all oaths required in the progress of any election; second - appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify the oaths required to be administered during the progress of an election. Before opening the polls, each member of the board must take and subscribe an oath to faithfully perform the duties imposed upon him by law. An elector of the precinct may administer and certify such oath. The polls must be opened at eight o'clock in the morning of election and be kept open until six o'clock p.m. of the same day. It shall be the duty of the clerk of the board of election to forthwith deliver the return duly certified to the board of directors of the district. History: Laws 1919, ch. 41, § 9; C.S. 1929, § 73-209; 1941 Comp., § 77-2109; 1953 Comp., § 75-22-9. 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 § 58. 94 C.J.S. Waters § 319.
NM Stat § 73-9-12 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-12 - [Determining and declaring result of election; plurality elects.]

No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. If at the time of meeting the returns from each precinct in the district in which the polls were open have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and counting the votes cast for each person voted for, or as to each question voted upon, and declaring the results thereof. The board shall declare elected the person receiving the highest number of votes so returned for each office and also declare the result as to any question submitted. History: Laws 1919, ch. 41, § 10; C.S. 1929, § 73-210; 1941 Comp., § 77-2110; 1953 Comp., § 75-22-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For special election to authorize bonds, see 73-9-17 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 58. 94 C.J.S. Waters § 319.
NM Stat § 73-9-13 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 9 - Irrigation Districts|Section 73-9-13 - [Election statement and certificates; filling vacancy in office of director.]

The secretary of the board of directors must, as soon as the result of any election held under the provisions of this act is declared, enter in the records of such board and file with the county clerk of the county in which the office of said district is located, a statement of such result, which statement must show: first, a copy of the publication notice of said election; second, the names of the judges of said election; third, the whole number of votes cast in the district and in each precinct of the district; fourth, the names of the persons voted for; fifth, the number of votes cast in the district for each of such persons; sixth, the names of the persons declared elected; seventh, the result declared on any question submitted, in accordance with the majority of the votes cast for or against such question. The secretary must immediately make out and deliver to the person elected a certificate of election, signed by him and authenticated with the seal of the board. In case of a vacancy in the board of directors by death, removal or inability from any cause to properly discharge the duties as such director, the vacancy shall be filled by appointment by the remaining members of the board, and upon their failure or inability to act within thirty days after such vacancy occurs, then upon petition of five electors of said district the board of county commissioners of the county where the office of said board of directors is situate, shall fill such vacancy or vacancies. Any director appointed as above provided shall hold his office until the next general election of said district, and until his successor is elected and qualified. History: Laws 1919, ch. 41, § 11; C.S. 1929, § 73-211; 1941 Comp., § 77-2111; 1953 Comp., § 75-22-11. 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 § 58. 94 C.J.S. Waters § 319.