reglab/housing_qa huggingface dataset:
NM Stat § 73-20-4 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-4 - Watershed districts; formation.

Watershed districts may be formed as subdistricts of soil and water conservation districts in a watershed area, as provided in the Watershed District Act, for the purpose of developing and executing plans and programs relating to any phase of conservation of water, or of water usage, including water-based recreation, flood prevention, flood control, erosion prevention and control of erosion, and floodwater and sediment damages. History: 1953 Comp., § 45-5-22, enacted by Laws 1957, ch. 210, § 4; 1965, ch. 84, § 1; 1973, ch. 332, § 2; 1977, ch. 254, § 46. ANNOTATIONSDistrict's funds can be used to pay portion of cost of reorganizing irrigations systems. This expenditure of funds is permissible only if the purpose of the reorganization is directly related to the conservation of water or one of the other statutory purposes for which watershed districts are established. 1963 Op. Att'y Gen. No. 63-78. Construction of flood detention dam is an authorized function of the district since the purpose of watershed districts is the development and execution of plans and programs relating to any phase of conservation of water, etc. 1963 Op. Att'y Gen. No. 63-78. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 230.
NM Stat § 73-20-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-5 - Area.

The land area embraced in districts must be contiguous and must lie within a well-defined watershed area or subwatershed areas. The districts may embrace lands lying in one or more soil and water conservation districts, or lands lying partly within and partly outside a soil and water conservation district. History: 1953 Comp., § 45-5-23, enacted by Laws 1957, ch. 210, § 5; 1973, ch. 332, § 3; 1977, ch. 254, § 47. ANNOTATIONSFederal, Indian reservation and state lands may be included in watershed district only if the officials charged with administering such lands specifically agree to the inclusion of the lands in the district. Even if such agreement is obtained, there is yet another agreement that is a prerequisite to such inclusion; it would be necessary that the officials administering the lands in question also agree to put up a pro rata share of the district's budget, based on the value of the lands included in the district, because the assessment is to be uniform throughout the district. This amount may be difficult of computation, since in most counties property exempt from taxation is not carried on the tax rolls. The value of the real property as indicated on the tax rolls is a determining factor in computing the assessment. 1961 Op. Att'y Gen. No. 61-87. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 243.
NM Stat § 73-20-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-6 - Petitions.

When fifty or more landowners within a proposed watershed district, or twenty percent of the landowners within the proposed district, whichever is less, desire to form a watershed district, they shall file a petition with the board of supervisors. The petition shall define the boundaries of the proposed district, the number of acres of land involved, reasons for requesting creation of the district, the proposed name for the watershed district and other information pertinent to the proposal. In the event of a challenge to the validity of signatures on a petition, the burden of proof shall be on the sponsors of the petition. History: 1953 Comp., § 45-5-24, enacted by Laws 1957, ch. 210, § 6; 1975, ch. 294, § 1; 2003, ch. 228, § 1. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, added the last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 59. 94 C.J.S. Waters § 342.
NM Stat § 73-20-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-7 - Presentation of petitions.

If the proposed watershed district lies in more than one soil and water conservation district, the petition may be presented to the board of supervisors of any one of such districts and the supervisors of all such districts shall act as a joint board of supervisors in the formation and supervision of such a watershed district. History: 1953 Comp., § 45-5-25, enacted by Laws 1957, ch. 210, § 7; 1973, ch. 332, § 4; 1977, ch. 254, § 48.
NM Stat § 73-20-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-8 - Hearing; notice.

A. Within thirty days after the petition has been filed with the board of supervisors, it shall cause due notice to be given by publication for three consecutive weeks, once a week on the same day of each week, immediately prior to the action in a newspaper of general circulation in the area, and, if no newspaper of general circulation exists, shall post in not less than eight public places within the area, notice of a hearing upon the practicability and feasibility of creating the district. In addition to the publication provided for in this subsection, absentee landowners shall be notified by first class mail if their whereabouts can be ascertained by reasonably diligent search. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion. B. If it appears upon the hearing that it may be desirable to include within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After final hearing, if the board of supervisors determines, upon the facts presented at the hearing and upon other available information, that there is need, in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define by metes and bounds or by legal subdivisions, the boundaries of the district. C. If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition. History: 1953 Comp., § 45-5-26, enacted by Laws 1957, ch. 210, § 8; 1961, ch. 233, § 1; 1975, ch. 294, § 2. ANNOTATIONSNotice required for proposed district hearing. — All landowners who do not reside on their land within the proposed district but reside outside the district are entitled to notice by registered mail of a hearing and referendum on a proposed watershed district. 1963 Op. Att'y Gen. No. 63-161. Notice by publication constitutes constructive notice. — Notice by publication, as provided in both Subsections A and B, constitutes constructive notice to landowners actually living in the proposed watershed district. 1963 Op. Att'y Gen. No. 63-161. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 261 et seq. 73A C.J.S. Public Administrative Law and Procedure §§ 130, 131.
NM Stat § 73-20-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-9 - Referendum.

After the board of supervisors has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for creation of the proposed watershed district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in Section 73-20-13 NMSA 1978 is administratively practicable and feasible. To assist the board of supervisors in this determination, the board shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district. Due notice of the referendum shall be given as provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 45-5-27, enacted by Laws 1957, ch. 210, § 9; 1975, ch. 294, § 3; 2018, ch. 79, § 160; 2019, ch. 212, § 252. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 160 effective April 3, 2019. Laws 2018, ch. 79, § 160 would have become effective July 1, 2022.The 2019 amendment, effective April 3, 2019, provided that notice of a referendum on the proposition of the creation of a watershed district shall be given as provided in the Local Election Act; after "shall be given as provided in", deleted "Section 73-20-8 NMSA 1978, except that, notice sent to absentee landowners shall also inform them of their right to request a ballot. Such notice shall state the date of holding the referendum, the hours of opening and closing the polls and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved. Ballots shall be sent to all absentee landowners upon request and they may vote by return ballot by first class mail" and added "the Local Election Act".Legislative intent is that the board may, after the hearing and tentative decision to include additional lands, immediately conduct a referendum. Under these circumstances, a combined notice that complies with all the statutory provisions is sufficient for both the hearing and referendum. 1975 Op. Att'y Gen. No. 75-44.
NM Stat § 73-20-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-10 - Repealed.

History: 1953 Comp., § 45-5-28, enacted by Laws 1957, ch. 210, § 10; 2003, ch. 228, § 2; 2018, ch. 79, § 161; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 73-20-10 NMSA 1978, as enacted by Laws 1957, ch. 210, § 10, and amended by Laws 2003, ch. 228, § 2, relating to ballots, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com. Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 161 effective April 3, 2019. Laws 2018, ch. 79, § 161 would have become effective July 1, 2022.
NM Stat § 73-20-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-11 - Votes; results.

If a majority of the votes cast favors creation of the district, the county canvassing board shall certify the results to the county clerk in the county involved. Upon proper recording of the action, the watershed district shall be duly created. After recording, the certification shall be filed with the New Mexico department of agriculture. History: 1953 Comp., § 45-5-29, enacted by Laws 1957, ch. 210, § 11; 1973, ch. 332, § 5; 1977, ch. 254, § 49; 1987, ch. 234, § 74; 2003, ch. 228, § 3; 2018, ch. 79, § 162; 2019, ch. 212, § 253. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, revised the provision related to determining the results of an election on the creation of a watershed district; after the section heading, deleted "The votes shall be counted by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of supervisors", after "creation of the district, the", added "county canvassing".The 2003 amendment, effective June 20, 2003, substituted "New Mexico department of agriculture" for "forestry division of the energy, minerals and natural resources department" at the end. The 1987 amendment, effective July 1, 1987, substituted "the forestry division of the energy, minerals and natural resources department" for "the soil and water conservation division" at the end of the last sentence and made minor changes in language in the second, third and fourth sentences.
NM Stat § 73-20-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-11 - Votes; results. (Effective July 1, 2022.)

The votes shall be counted in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. If a majority of the votes cast favors creation of the district, the county canvassing board shall certify the results to the county clerk in the county involved. Upon proper recording of the action, the watershed district shall be duly created. After recording, the certification shall be filed with the New Mexico department of agriculture. History: 1953 Comp., § 45-5-29, enacted by Laws 1957, ch. 210, § 11; 1973, ch. 332, § 5; 1977, ch. 254, § 49; 1987, ch. 234, § 74; 2003, ch. 228, § 3; 2018, ch. 79, § 162. ANNOTATIONSThe 2018 amendment, effective July 1, 2022, provided that the votes in a watershed district election shall be counted in accordance with the provisions of the Local Election Act; and after "The votes shall be counted", deleted "by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of supervisors" and added "in accordance with the provisions of the Local Election Act", and added "county canvassing" preceding "board".
NM Stat § 73-20-13 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-13 - Authority.

Subject to the approval of the board of supervisors, the board of directors of a watershed district shall have power to: A. levy an annual assessment on the real property within the district, within the limitations provided in Section 73-20-17 NMSA 1978, for administration, construction, operation and maintenance of works of improvement within and without the district as are required by the district in the performance of its functions; B. acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings in the manner provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] property or rights of way necessary for the exercise of any authorized function of the district; provided that no property or water rights shall be condemned for the purposes of recreation; C. construct, improve, operate, contract for and maintain such structures as may be necessary for the performance of any function authorized by the Watershed District Act; D. borrow money necessary for the purpose of acquiring rights of way and establishing, constructing, reconstructing, repairing, enlarging and maintaining the structures and improvements required by the district in the performance of its functions and repay these loans with the proceeds of the annual assessment provided for in Subsection A of this section or by the issuance, negotiation and sale of its bonds as provided in Section 73-20-14 NMSA 1978; and E. receive and grant assistance and cooperate with counties, municipalities and state and federal agencies in carrying out the provisions of the Watershed District Act. History: 1953 Comp., § 45-5-31, enacted by Laws 1957, ch. 210, § 13; 1961, ch. 233, § 2; 1965, ch. 84, § 2; 1975, ch. 294, § 4; 1981, ch. 125, § 59; 2003, ch. 228, § 5. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, inserted "for" following "operate, contract" in Subsection C. Payment for costs of constructing flood detention dam. — The district's funds, whether obtained by borrowing, issuing bonds or the levying of assessments can be used to pay a portion of the costs of constructing a flood detention dam. 1963 Op. Att'y Gen. No. 63-78. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 62. 94 C.J.S. Waters § 321.
NM Stat § 73-20-14 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-14 - Bonds.

A. Bonds authorized by Section 73-20-13 NMSA 1978 shall not be issued until proposed by order or resolution of the board of directors, specifying the purpose for which the funds are to be used, and the proposed undertaking, the amount of bonds to be issued, the rate of interest they are to bear and the amount of any necessary assessment levy in excess of the maximum authorized in Section 73-20-17 NMSA 1978 to establish a sinking fund for the liquidation of bonds as provided in Section 73-20-17 NMSA 1978. A copy of the order or resolution shall be certified to the board of supervisors.B. The board of supervisors shall conduct a hearing on the proposal after notice given pursuant to Section 73-20-8 NMSA 1978. If it appears that the proposal is within the scope and purpose of the Watershed District Act [73-20-1 NMSA 1978 et seq.] and meets all other requirements of the law, the proposal shall be submitted to the qualified electors of the district at an election held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].C. If two-thirds of the qualified electors voting on the ballot question favor the proposal, the bonds may be issued.History: 1953 Comp., § 45-5-32, enacted by Laws 1957, ch. 210, § 14; 1965, ch. 84, § 3; 1975, ch. 294, § 5; 2003, ch. 228, § 6; 2018, ch. 79, § 164; 2019, ch. 212, § 255. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 164 effective April 3, 2019. Laws 2018, ch. 79, § 164 would have become effective July 1, 2022. The 2019 amendment, effective April 3, 2019, provided that a proposal to issue bonds shall be submitted to the qualified electors of a watershed district and that the election shall be conducted pursuant to the Local Election Act"; in Subsection B, after "shall be submitted to the", deleted "landowners of the district by referendum under supervision of the board of supervisors." and added "qualified electors of the district at an election held pursuant to the Local Election Act"; deleted former Subsection C and redesignated former Subsection D as Subsection C; in Subsection C, after "two-thirds of the", deleted "landowners" and added "qualified electors", and after "voting", deleted "on the ballot question".The 2003 amendment, effective June 20, 2003, in Subsection A, substituted "Section 73-20-13 NMSA 1978" for "Section 45-5-31 NMSA 1953" near the beginning, substituted "Section 73-20-17 NMSA 1978" for "Section 45-5-34 NMSA 1953" twice; in Subsection B, substituted "Section 73-20-8 NMSA 1978" for "Section 45-5-26 NMSA 1953" following "given pursuant to", substituted "the" for "this" preceding "Watershed District Act"; substituted "Sections 73-20-8 through 73-20-11 NMSA 1978" for "Sections 45-5-26 through 45-5-29 NMSA 1953" in Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 67. 94 C.J.S. Waters §§ 322, 323.
NM Stat § 73-20-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-15 - Loans; repayments.

A. In addition to the borrowing of money by the issuance of bonds for the purposes set out in Section 73-20-13 NMSA 1978, the district may borrow money from the United States department of agriculture or any other federal agency if the loan can be repaid according to its terms by use of the levy authorized by Section 73-20-17 NMSA 1978 and the board of supervisors has so determined. B. The district may also borrow money from the United States department of agriculture or any other federal agency and levy an assessment not to exceed five dollars ($5.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of property subject to taxation by the district, in addition to others authorized by the Watershed District Act, to repay the loan if the board of directors determines the rate of the levy required and: (1) secures the approval of the board of supervisors; (2) a referendum on the acceptance of the loan for specified purposes is held; (3) two-thirds of the landowners voting favor the proposal; and (4) the procedures of Sections 73-20-8 through 73-20-11 NMSA 1978 as to notice, qualifications of voters and manner of holding referendum election are followed in the referendum held under this section. History: 1953 Comp., enacted by Laws 1961, ch. 233, § 3; 1975, ch. 294, § 6; 1986, ch. 32, § 37. ANNOTATIONSThe 1986 amendment, in Subsection A, substituted "Section 73-20-13 NMSA 1978" for "Paragraph (4) of Subsection A of Section 45-5-31 NMSA 1953" and "Section 73-20-17 NMSA 1978" for "the Watershed District Act" and deleted "five mill" preceding "levy"; in Subsection B, substituted "five dollars ($5.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of property subject to taxation by the district" for "five mills" in the introductory paragraph and, in Paragraph (4), substituted "the procedures of Sections 73-20-8 through 73-20-11 NMSA 1978" for "the procedure of Sections 45-5-26 through 45-5-29 NMSA 1953"; and made minor stylistic changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 321.
NM Stat § 73-20-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 20 - Soil and Water and Watershed Conservation Districts|Section 73-20-16 - Per diem and mileage.

Members of the board of directors shall receive no salaries, but the members shall be entitled to be reimbursed in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: 1953 Comp., § 45-5-33, enacted by Laws 1957, ch. 210, § 15; 2003, ch. 228, § 7. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.