reglab/housing_qa huggingface dataset:
NM Stat § 72-16-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-8 - Board of directors.

The governing body of the authority hereby created is a board of directors consisting of five qualified electors of the authority. All powers, rights, privileges and duties vested in or imposed upon the authority are exercised and performed by and through the board of directors; provided that the exercise of any executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the authority. Except for the first directors appointed as provided for in Section 72-16-9 NMSA 1978, and except for any director chosen to fill an unexpired term, the term of each director runs for six years. Each director, subject to such exceptions, shall serve a six-year term, and each director shall serve until a successor has been duly chosen and qualified. History: 1953 Comp., § 75-36-8, enacted by Laws 1963, ch. 311, § 8; 2018, ch. 79, § 103. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, removed the provision related to the commencing and ending dates of the terms of the first directors appointed and any director chosen to fill an unexpired term, and made technical changes; and after "as provided", added "for in Section 72-16-9 NMSA 1978", after "the term of each director", deleted "commences on the first day of January next following a general election in the state and", and after "six-year term", deleted "ending on the first day of January next following a general election". Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 21.
NM Stat § 72-16-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-9 - Appointment of first board.

When this act goes into effect, the governor shall forthwith appoint five qualified electors of the authority as the directors comprising the first board. They shall serve until their successors have been elected and qualified. Immediately upon their appointment the five directors shall meet, qualify and choose officers, as provided for organizational meetings thereafter in Section 13 [72-16-13 NMSA 1978] hereof. History: 1953 Comp., § 75-36-9, enacted by Laws 1963, ch. 311, § 9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 22.
NM Stat § 72-16-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-10 - Election of directors.

A. Elections shall be held pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Directors shall be elected from single-member districts in which they reside. The board shall ensure that the districts remain contiguous, compact and as equal in population as is practicable, assessing the existing districts following each federal decennial census to accomplish that objective. A redistricting shall be effective at the following regular board election. Incumbent board members whose residences are redistricted out of their districts may serve out their term of office. B. The qualified electors of the authority shall elect similarly one or two qualified electors as directors to serve six-year terms as directors and as successors to the directors whose terms end following each election. Nothing may be construed as preventing qualified electors of the authority from single-member districts from being elected or reelected as directors to succeed themselves. History: 1953 Comp., § 75-36-10, enacted by Laws 1963, ch. 311, § 10; 2001, ch. 19, § 1; 2018, ch. 79, § 104. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that the election of directors shall be held pursuant to the Local Election Act, and made technical and conforming changes; in Subsection A, deleted "At each general election" and added "Elections shall be held pursuant to the provisions of the Local Election Act"; and in Subsection B, after "directors whose terms end", deleted "on the first day of January next". The 2001 amendment, effective June 15, 2001, deleted the first three sentences of the section, which were outdated provisions for electing board members; inserted a new Subsection A and redesignated the remaining material as Subsection B; in Subsection B, inserted "any single-member district from" and deleted the former last two sentences of the Subsection, which explained how to choose a director in the event that there were one or two or more vacancies on the board. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 22.
NM Stat § 72-16-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-11 - Nomination of directors.

Written nominations of any candidate as director may be filed in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Each nomination of any candidate shall be signed by not less than fifty qualified electors who reside within the district for which the candidate has been nominated, shall designate the name of the candidate nominated and shall recite that the subscribers are qualified electors of the district for which the candidate is nominated and that the candidate designated is a qualified elector of the authority and resides within the district for which the candidate is nominated. No qualified elector may nominate more than one candidate for any vacancy. History: 1953 Comp., § 75-36-11, enacted by Laws 1963, ch. 311, § 11; 1985, ch. 190, § 2; 2001, ch. 19, § 2; 2018, ch. 79, § 105. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that nominations of candidates for director of the Arroyo Flood Control Authority may be filed in accordance with the provisions of the Local Election Act, removed outdated language, and made technical and conforming changes; and deleted "Not later than forty-five days before a proposal to incur debt is first submitted to the taxpaying electors or at the first general election next following the effective date of the Arroyo Flood Control Act, whichever occurs first", after "may be filed", deleted "with the secretary of the board" and added "in accordance with the provisions of the Local Election Act", deleted "taxpaying" and added "qualified" preceding "elector" throughout the section, and deleted "If a candidate does not withdraw his name before the time established by the county for purposes of absentee ballots or as set forth in the Election Code, whichever is earlier, his name shall be placed on the ballot. For any election held after November 6, 1984, nominations shall be made by qualified electors in accordance with the procedures and limitations of this section, except that such nominations shall be filed with the secretary of the board not later than the fourth Tuesday in June preceding the general election.". The 2001 amendment, effective June 15, 2001, in the second sentence, substituted "who reside within the district for which the candidate has been nominated" for "regardless of whether or not nominated therein", inserted "of the district for which the candidate is nominated" following "are taxpaying electors", and inserted "and reside within the district for which they are nominated"; deleted the former third sentence, which read "No written nomination may designate more qualified electors as candidates than there are vacancies"; and changed the deadline for candidates to withdraw his or her name from the ballot from "first publication of the notice of election". The 1985 amendment,effective June 14, 1985, substituted "is first submitted to" for "shall be first submitted to" near the beginning of the section and added the last sentence.
NM Stat § 72-16-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-12 - Filling vacancies on board.

Upon a vacancy occurring in the board by reason of death, change of residence, resignation or for any other reason, the governor shall appoint a qualified elector of the authority who resides within the district where the vacancy exists as successor to serve the unexpired term. History: 1953 Comp., § 75-36-12, enacted by Laws 1963, ch. 311, § 12; 2001, ch. 19, § 3. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, inserted "who resides within the district where the vacancy exists".
NM Stat § 72-16-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-13 - Organizational meetings.

Except for the first board, each board shall meet on the first business day following the first day of the month that the term of office begins for members elected in the immediately preceding election at the office of the board within the authority. Each member of the board, before entering upon the member's official duties, shall take and subscribe on oath to support the constitution of the United States and the constitution and laws of New Mexico and to discharge faithfully and impartially the duties of office to the best of the member's ability, which oath shall be filed in the office of the secretary of state. Each director shall, before entering upon the director's official duties, give a bond to the authority in the sum of ten thousand dollars ($10,000) with good and sufficient surety, conditioned for the faithful performance of all of the duties of office, without fraud, deceit or oppression, and the accounting for all money and property coming into the director's hands and the prompt and faithful payment of all money and the delivering of all property coming into the director's custody or control belonging to the authority to the director's successors in office. Premiums on all bonds provided for in this section shall be paid by the authority, and all such bonds shall be kept on file in the office of the secretary of state. History: 1953 Comp., § 75-36-13, enacted by Laws 1963, ch. 311, § 13; 2018, ch. 79, § 106. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, changed the schedule for the first meeting of the Arroyo Flood Control Authority following the election of new members to the authority, and made technical and conforming changes; and after "following the first day of", deleted "January in each odd-numbered year" and added "the month that the term of office begins for members elected in the immediately preceding election".
NM Stat § 72-16-14 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-14 - Board's administrative powers.

The board may exercise the following powers: A. fix the time and place, at which its regular meetings will be held within the authority and provide for the calling and holding of special meetings; B. adopt and amend or otherwise modify bylaws and rules for procedure; C. select one director as chairman of the board and president of the authority, and another director as chairman pro tem of the board and president pro tem of the authority, and choose a secretary and a treasurer of the board and authority, each of which two positions may be filled by a person who is, or is not, a director, and both of which positions may or may not, be filled by one person; D. prescribe by resolution a system of business administration and create all necessary offices, and establish and reestablish the powers, duties, and compensation of all officers and employees; E. require and fix the amount of all official bonds necessary or desirable and convenient in the opinion of the board for the protection of the funds and property of the authority, subject to the provisions of Section 13 [72-16-13 NMSA 1978] hereof; F. prescribe a method of auditing and allowing or rejecting claims and demands; G. provide a method for the letting of contracts on a fair and competitive basis for the construction of works, any facility, or any project, or any interest therein, or the performance or furnishing of labor, materials or supplies as required herein; H. designate an official newspaper published in the authority in the English language and direct additional publication in any newspaper where it deems that the public necessity may so require; I. make and pass resolutions and orders on behalf of the authority not repugnant to the provisions of this act [72-16-1 to 72-16-103 NMSA 1978], necessary or proper for the government and management of the affairs of the authority, for the execution of the powers vested in the authority, and for carrying into effect the provisions of this act. History: 1953 Comp., § 75-36-14, enacted by Laws 1963, ch. 311, § 14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 24.
NM Stat § 72-16-15 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-15 - Records of board.

On all resolutions and orders, the roll shall be called, and the ayes and noes shall be recorded. All resolutions and orders, as soon as may be after their passage, shall be recorded in a book kept for that purpose and be authenticated by the signature of the presiding officer of the board and the secretary. Every legislative act of the board of a general or permanent nature shall be by resolution. The book of resolutions and orders is a public record. A record shall also be made of all other proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by officers, employees, and any other agents of the authority, and all corporate acts, which record is also a public record. The treasurer shall keep strict and accurate accounts of all moneys received by and disbursed for and on behalf of the authority, in a permanent record, which is also a public record. Any permanent record of the authority shall be open for inspection by any qualified elector thereof, by any other interested person, or by any representative of the federal government or any public body. All records are subject to audit as provided by law for political subdivisions. History: 1953 Comp., § 75-36-15, enacted by Laws 1963, ch. 311, § 15.
NM Stat § 72-16-16 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-16 - Meetings of board.

All meetings of the board shall be held within the authority and shall be open to the public. No business of the board shall be transacted except at a regular or special meeting at which a quorum consisting of at least three-fifths of the total membership of the board is present. Any action of the board requires the affirmative vote of a majority of the directors present and voting. A smaller number of directors than a quorum may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the board may provide. History: 1953 Comp., § 75-36-16, enacted by Laws 1963, ch. 311, § 16. ANNOTATIONSCross references. — For flood control generally, see Chapter 4, Article 50 NMSA 1978.
NM Stat § 72-16-16.1 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-16.1 - Joint powers agreement authorized.

A. The boundary of the authority shall be amended upon the signing of a binding joint powers agreement among the authority, the Sandia pueblo, the bureau of Indian affairs of the United States department of the interior, the United States department of the interior, if applicable, the state highway and transportation department and any other necessary entities which provides for a plan for one hundred year flood protection for the area described. The agreement shall address ingress and access to Sandia pueblo lands, responsibilities for study, planning, design, construction, operation, maintenance, repair and other project-related considerations, obligations for funding, legal and liability questions and other elements as may be appropriate. B. Upon approval of the joint powers agreement described in Subsection A of this section, the authority boundaries shall be changed to include privately owned land within the Sandia pueblo along Edith boulevard north of Roy avenue, more specifically described as an irregular shaped tract of land beginning at Roy avenue and the Atchison, Topeka and Santa Fe railroad right-of-way extending along the railroad tracks in a northeast direction approximately one-half mile to the Sandia pueblo grant line, then along that grant line in a southeast direction approximately one-quarter mile to Edith boulevard, then in a southeasterly direction along the Sandia pueblo grant line to Roy avenue and then west along Roy avenue to the point of beginning at the railroad right-of-way. History: 1978 Comp., § 72-16-16.1, enacted by Laws 1989, ch. 361, § 1.
NM Stat § 72-16-17 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-17 - Compensation of directors.

Directors shall receive no compensation for their services as a director, officer, engineer, attorney, employee or other agent of the authority. Directors may be reimbursed for expenses incurred by them on authority business with approval of the board. History: 1953 Comp., § 75-36-17, enacted by Laws 1963, ch. 311, § 17.
NM Stat § 72-16-18 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-18 - Interest in contracts and property disqualifications.

No director nor officer, employee or agent of the authority may be interested in any contract or transaction with the authority except in his official representative capacity or as provided, except for any contract of employment with the authority. Neither the holding of any office or employment in the government of any public body or the federal government nor the owning of any property within the state, within or without the authority, may be deemed a disqualification for membership on the board or employment by the authority, nor a disqualification for compensation for services as an officer, employee or agent of the authority, except as provided in Section 17 [72-16-17 NMSA 1978] hereof. History: 1953 Comp., § 75-36-18, enacted by Laws 1963, ch. 311, § 18.
NM Stat § 72-16-19 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-19 - Flood control system; hearings thereon.

The authority is hereby authorized, empowered and directed, subject to the provisions of Section 7 [72-16-7 NMSA 1978] hereof, to acquire, equip, maintain and operate a flood control system for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable as preliminaries thereto. The flood control system consists of such facilities as the board may determine. When a comprehensive program for the acquisition of the flood control system satisfactory to the board is available, it shall be tentatively adopted. The program need only describe the proposed flood control system in general terms and not in detail. A public hearing on the proposed program shall be scheduled, and notice of the hearing shall be given by publication. After the hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the program as the board may consider desirable, or the board may approve the program as prepared. If any substantial changes to the program are ordered at any time, a further hearing shall be held pursuant to notice which shall be given by publication. History: 1953 Comp., § 75-36-19, enacted by Laws 1963, ch. 311, § 19. ANNOTATIONSMaintenance of flood control system as proprietary activity. — The Albuquerque metropolitan arroyo flood control authority does not act for the public benefit generally, as distinguished from acting for its immediate benefit and its private good since it operates and maintains a flood control system for the benefit of the authority and the inhabitants thereof. Thus, AMAFCA's maintenance of its flood control system was not a governmental activity, but was proprietary, and AMAFCA could not interpose the defense of sovereign immunity to avoid liability for negligent acts in connection with the activity. Gallagher v. Albuquerque Metro. Arroyo Flood Control Auth., 1977-NMCA-029, 90 N.M. 309, 563 P.2d 103, cert. denied, 90 N.M. 636, 567 P.2d 485. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 24.
NM Stat § 72-16-20 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-20 - Implementing powers.

The board may: A. acquire, improve, equip, maintain and operate any project or facility for the control of flood and storm waters of the authority and the flood and storm waters of streams which have their sources outside of the authority but which streams and the flood waters thereof flow into the authority; B. protect from such floods or storm waters the watercourses, watersheds, public highways, life and property in the authority; C. exercise the right of eminent domain, either within or without the authority, in the manner provided by law for the condemnation of private property for public use. History: 1953 Comp., § 75-36-20, enacted by Laws 1963, ch. 311, § 20. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 24.
NM Stat § 72-16-21 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 16 - Albuquerque Metropolitan Arroyo Flood Control|Section 72-16-21 - Protection of property rights.

It is hereby declared that the use of the property, lands, rights-of-way, easements or materials which may be condemned, taken or appropriated under the provisions of this act [72-16-1 to 72-16-103 NMSA 1978] is a public use subject to the regulation and control of the state in the manner prescribed by law; but nothing herein shall be deemed to authorize the authority or public body or person to divert the waters of any river, creek, stream, irrigation system, canal or ditch from its channel to the detriment of any person, any public body or the federal government having any interest in such river, creek, stream, irrigation system, canal or ditch, or the waters thereof or therein, unless compensation is ascertained and paid therefor under the laws authorizing the taking of private property for public use. History: 1953 Comp., § 75-36-21, enacted by Laws 1963, ch. 311, § 21. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Levees and Flood Control §§ 7 to 11.