reglab/housing_qa huggingface dataset:
NM Stat § 73-3-1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-1 - Officers; election; bonds; vacancies.

The officers of community ditches or acequias shall consist of three commissioners and one mayordomo or superintendent, each of whom shall be the owner of an interest in the ditch or the water therein. The officers shall be elected biennially on the first Monday of October of the odd numbered years and shall assume the duties of their offices not later than the first Monday of the following November. On or before the first Monday of November, the commissioners shall organize by the election of one of their number as chairman, another as secretary and the other as treasurer. The mayordomo and the treasurer, separately, shall give a bond to the state in a sum to be fixed by the commissioners. The condition of the bonds [is] to be for the accounting of all money coming into their hands by virtue of their respective offices and for the faithful performance of their respective duties. Two commissioners shall constitute a quorum and be a full board for the transaction of business at all times. In the event of a vacancy in the office of a mayordomo, the commissioners shall immediately appoint a mayordomo or superintendent to hold office until his successor is elected and qualified. In case of a vacancy in the office of a commissioner, the other two commissioners and the mayordomo, or any two of them, shall immediately appoint his successor who shall immediately qualify and hold his office until his successor is qualified. In case of the joint vacancy of two or more commissioners, a majority of the owners of the water rights in the ditch shall immediately appoint their successors who shall qualify and hold office as herein provided. History: Laws 1903, ch. 32, § 1; Code 1915, § 5787; C.S. 1929, § 151-501; 1941 Comp., § 77-1501; 1953 Comp., § 75-15-1; Laws 1987, ch. 64, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The Code of 1915, ch. CXIV, Article 3, "Provisions Applicable Only in Counties of Bernalillo, Sandoval, Sierra and Socorro Counties". The Code of 1915, ch. CXIV 3, § 5797 specifically provided that Article 3 shall not be applied to Dona Ana, Grant, Otero, Luna, Lincoln, Chavez, Eddy, Santa Fe, San Miguel, Mora, Guadalupe, Colfax, Union, Taos, Rio Arriba, San Juan, Quay, McKinley, Roosevelt or Valencia counties, as the same existed on March 11, 2003. Chapter CXIV, Article 3 of the Code of 1915 is a continuation of the Laws 1903, ch. 32. Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978. The 1987 amendment, effective June 19, 1987, added the present section heading; in the second sentence, substituted "biennially" for "annually" and inserted "of the odd numbered years" following "October"; and made minor stylistic changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters §§ 339, 344.
NM Stat § 73-3-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-2 - [Compensation of officers.]

The mayordomo shall receive such compensation for his services as may be mutually fixed between him and a majority of the owners of said ditch. The commissioners shall receive such compensation as may be mutually fixed between them and a majority of the owners of said ditch and upon failure to so fix such compensation, then they shall receive such compensation as is provided by law. History: Laws 1903, ch. 32, § 7; Code 1915, § 5788; C.S. 1929, § 151-504; 1941 Comp., § 77-1502; 1953 Comp., § 75-15-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978. For compensation of commissioners generally, see 73-2-23 NMSA 1978. Majority of owners of land irrigated must determine pay. — Pay of mayordomos of acequias must be determined by majority of owners of land irrigated. 1915 Op. Att'y Gen. No. 15-1479.
NM Stat § 73-3-4.1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-4.1 - Commissioners; additional duties; approval of changes in place or purpose of use of water; appeals.

Pursuant to rules or bylaws duly adopted by its members, an acequia or community ditch may require that a change in the point of diversion or place or purpose of use of a water right served by the acequia or community ditch, or a change in a water right so that it is moved into and then served by the acequia or community ditch shall be subject to the approval by the commissioners. The change may be denied only if the commissioners determine that it would be detrimental to the acequia or community ditch or its members. The commissioners shall render a written decision explaining the reasons for the decision. If the person proposing the change or a member of the acequia or community ditch is aggrieved by the decision of the commissioners, he may appeal the decision in the district court of the county in which the acequia or community ditch is located within thirty days of the date of the decision. The court may set aside, reverse or remand the decision if it determines that the commissioners acted fraudulently, arbitrarily or capriciously or that they did not act in accordance with law. History: Laws 2003, ch. 82, § 3 and 2003, ch. 135, § 3. ANNOTATIONSDuplicate laws. — Laws 2003, ch. 82, § 3 and Laws 2003, ch. 135, § 3, both effective March 1, 2004, enacted identical new sections.
NM Stat § 73-3-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-5 - [Community ditches; laborers; refusing to work; fines.]

The owners of said community ditches or their bosses or representatives shall labor therein in proportion to their lands under cultivation. It shall be their duty to furnish the number of laborers, proportionate to their lands, required by the mayordomo, at the time and place he may designate for the purposes mentioned in the foregoing section [73-3-4 NMSA 1978], and for the time he may deem necessary. If any person thus required shall wilfully neglect or refuse to comply with such requirements of the mayordomo, after having been duly notified by the mayordomo or his agent, he shall be fined, for each offense, in a sum not exceeding five dollars ($5.00), for the benefit of said ditch or acequia, which shall be recovered by the mayordomo in a summary way, and in case of default in the payment of said fine, it may be recovered by the mayordomo before any justice of the peace [magistrate court] in the county, within fifteen days after such default, and in such cases, the mayordomo may be a competent witness to testify therein. History: Laws 1903, ch. 32, § 4; Code 1915, § 5791; C.S. 1929, § 151-507; 1941 Comp., § 77-1505; 1953 Comp., § 75-15-5. 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 "foregoing section" referred to in this section means § 5790, Laws 1915, now compiled as 73-3-4 NMSA 1978.
NM Stat § 73-3-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-6 - Persons in default in work or payments; right to use of water denied.

No person, who has after written notice failed or refused to do his work or pay the amount assessed against him in lieu of such work upon the community ditch or acequia, shall be allowed to take or use any water from such community ditch or acequia or lateral thereof, while in default in such payment or failure to do such work. History: 1953 Comp., § 75-15-5.1, enacted by Laws 1961, ch. 60, § 1. ANNOTATIONSCross references. — For denial of right to use water, see 73-2-25 NMSA 1978.
NM Stat § 73-3-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-7 - [Inevitable accidents; excuse from labor.]

In cases of inevitable accidents, such as continual and prolonged droughts, tempests or floods, producing the total or very material failure of crops or expectant crops, the commissioners may, in their discretion, totally or partially exempt the person or persons thus situated from the requirements of the foregoing section [73-3-5 NMSA 1978] relative to continuous labor for lands under cultivation as the circumstances of the case may require. Such exemption or exemptions shall be consistent with the facts and circumstances of the premises and shall not extend to lands thereafter irrigated. Such action by said commissioners shall be reduced to writing and shall become a part of their records. History: Laws 1903, ch. 32, § 5; Code 1915, § 5792; C.S. 1929, § 151-508; 1941 Comp., § 77-1506; 1953 Comp., § 75-15-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — "The foregoing section" referred to in this section is § 5791, Laws 1915, presently compiled as 73-3-5 NMSA 1978. Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978.
NM Stat § 73-3-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-8 - [Mayordomo; failing to perform duties; malfeasance.]

If any mayordomo of any community ditch or acequia, after having undertaken to serve as such, shall wilfully neglect or refuse to perform any of the duties of his office, or conduct himself with impropriety or injustice in his office as mayordomo or take any bribe in money, property or otherwise as inducement to act improperly, he shall, upon conviction before any justice of the peace [magistrate court] within the county where such offense is committed, be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment in the county jail not exceeding thirty days or by both such fine and imprisonment, at the discretion of the court or jury trying the case. History: Laws 1903, ch. 32, § 8; Code 1915, § 5794; C.S. 1929, § 151-511; 1941 Comp., § 77-1507; 1953 Comp., § 75-15-7. 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 counties to which this section does not apply, see 73-3-11 NMSA 1978.
NM Stat § 73-3-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-9 - [Ditch commissioner; neglect of duties.]

Any wilful neglect of his duties or abuse of his powers by any ditch commissioner shall be deemed a misdemeanor and any such commissioner, upon conviction thereof before any justice of the peace [magistrate court] within the county where such offense is committed, shall be fined in a sum not exceeding twenty-five dollars ($25.00) recoverable in the manner provided by law. History: Laws 1903, ch. 32, § 9; Code 1915, § 5795; C.S. 1929, § 151-512; 1941 Comp., § 77-1508; 1953 Comp., § 75-15-8. 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 counties to which this section does not apply, see 73-3-11 NMSA 1978.
NM Stat § 73-3-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-10 - [Appeals to district court.]

In all cases of conviction under this article, when the fine assessed by the justice of the peace [magistrate court] is the sum of three dollars ($3.00) or less, an appeal shall be granted to the district court only when all the accrued costs shall have been paid; which appeal shall be taken and conducted as all other appeals from the decision of justices of the peace [magistrates]. History: Laws 1903, ch. 32, § 10; Code 1915, § 5796; C.S. 1929, § 151-513; 1941 Comp., § 77-1509; 1953 Comp., § 75-15-9. 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 words "this article" were substituted for "this act" by the 1915 Code; the reference is to Chapter CXIV, Article II, §§ 5787 to 5791 of the 1915 Code, now compiled as 73-3-1 to 73-3-5 and 73-3-7 to 73-3-11 NMSA 1978. Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978. For procedures governing appeals to the district court from magistrate courts in trial de novo cases, see Rule 1-072 NMRA. 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.
NM Stat § 73-3-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties|Section 73-3-11 - Counties in which not in effect.

None of the parts or provisions of this article or any section thereof shall apply or be construed to be in force or effect in any of the following counties, viz.: Dona Ana, Grant, Otero, Luna, Lincoln, Chaves, Eddy, Santa Fe, Guadalupe, Colfax, Union, Rio Arriba, San Juan, Quay, McKinley, Roosevelt, as the same existed on the 11th day of March, 1903. History: Laws 1903, ch. 32, § 12; Code 1915, § 5797; Laws 1917, ch. 68, § 1; C.S. 1929, § 151-514; 1941 Comp., § 77-1510; 1953 Comp., § 75-15-10. ANNOTATIONSCompiler's notes. — The words "this article" were substituted for "this act" by the 1915 Code; the reference is to Chapter CXIV, Article II, §§ 5787 to 5791 of the 1915 Code, now compiled as 73-3-1 to 73-3-5 and 73-3-7 to 73-3-11 NMSA 1978. The 1917 amendment excluded the counties of San Miguel, Mora, Taos and Valencia from the list.
NM Stat § 73-4-1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 4 - Mill Ditches|Section 73-4-1 - [Mill ditches; course not to be changed.]

The course of any mill ditch, already constructed shall not be changed, unless it be through some irrigating ditch to the cultivated lands which shall have the preference. History: Laws 1899, ch. 61, § 1; Code 1915, § 5798; C.S. 1929, § 151-601; 1941 Comp., § 77-1701; 1953 Comp., § 75-16-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Mill ditch easement. — Adverse, continuous and uninterrupted use for 21 years for milling purposes of water from an artificial ditch supplied from a nonnavigable river, with knowledge and acquiescence of owners of adjoining land over which the water flows, established an easement in the absence of permission or license, and subsequent purchaser of such lands takes subject to such easement, having only a qualified right to use of so much water as will not interfere with the mill. Trambley v. Luterman, 1891-NMSC-016, 6 N.M. 15, 27 P. 312. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 20. Right to hasten the flow and increase the volume of water in a stream by alterations or improvements in the bed, 9 A.L.R. 1211. 93 C.J.S. Waters §§ 38, 144 to 152.
NM Stat § 73-4-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 4 - Mill Ditches|Section 73-4-2 - [Right-of-way for mill ditch; appointment of arbitrators.]

Whenever it may become necessary for the owner or owners of a mill to construct a mill ditch, when the same is to be constructed in whole or in part over the land of another owner, and the said owner does not permit the construction of said ditch, then and in that event, the owner of the mill and the owner of the land over which the ditch is to pass shall apply to the justice of the peace [magistrate], of the precinct asking him to appoint three arbitrators or assessors, each party shall name one and the justice [magistrate] shall name the third, but if the landowner refuses to name one then the justice [magistrate] shall name two and the owner of the mill one. History: Laws 1899, ch. 61, § 2; Code 1915, § 5799; C.S. 1929, § 151-602; 1941 Comp., § 77-1702; 1953 Comp., § 75-16-2. 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 § 73-4-3 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 4 - Mill Ditches|Section 73-4-3 - [Arbitrators; assessment of damages; payment.]

The justice of the peace [magistrate court] shall make a record of the fact that the arbitrators or assessors were appointed and shall swear them to act faithfully and impartially, as such arbitrators and to report to the said justice of the peace [magistrate] the amount by them assessed in order that the same may be turned over to the justice of the peace [magistrate] and by him turned over to the owner or owners of the land over which said ditch passes, and the said amount shall be paid in cash. History: Laws 1899, ch. 61, § 3; Code 1915, § 5800; C.S. 1929, § 151-603; 1941 Comp., § 77-1703; 1953 Comp., § 75-16-3. 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 § 73-4-4 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 4 - Mill Ditches|Section 73-4-4 - [Mill owner may construct ditch on award.]

If the owner of the mill for which the ditch is desired pays the amount assessed against him, as above required, he may construct his ditch as the same may be designated by the arbitrators and according to the record of the justice of the peace [magistrate court] of the report of the said arbitrators. History: Laws 1899, ch. 61, § 4; Code 1915, § 5801; C.S. 1929, § 151-604; 1941 Comp., § 77-1704; 1953 Comp., § 75-16-4. 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 § 73-5-1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-1 - [Water users associations; how organized.]

Whenever the owners of lands, reservoirs or irrigation ditches in any county or adjoining counties in this state may desire to enter into mutual undertaking to construct, maintain and operate storage reservoirs, diversion dams, irrigating ditches, canals or other irrigation works, or to combine their several irrigating ditches, canals or other works into one or more irrigation systems, or to improve, enlarge or add to the same, for their mutual advantage, they may organize a water users' association under the provisions of this chapter [this article]. History: Laws 1909, ch. 76, § 1; Code 1915, § 5645; C.S. 1929, § 150-101; 1941 Comp., § 77-1601; 1953 Comp., § 75-17-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code substituted "this chapter" for "this act," presumably to refer to Code 1915, ch. 113, the provisions of which are derived from Laws 1909, ch. 76, and are compiled in the present article as 73-5-1 to 73-5-9 NMSA 1978. Cross references. — For succession of irrigation districts to rights and duties of water users' associations, see 73-10-45 NMSA 1978. For control of animals within territory of water users' associations, see 77-14-8 to 77-14-24 NMSA 1978. Water users association not within commission's jurisdiction. — A water users association formed under this article is not a mutual domestic water consumer within the meaning of 62-9-1 NMSA 1978; further, absent any evidence showing the association was subject to the Public Utility Act, it did not come within the jurisdiction of the public utility commission. Morningstar Water Users Ass'n v. N.M. Pub. Util. Comm'n, 1995-NMSC-062, 120 N.M. 579, 904 P.2d 28. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters §§ 340, 353, 399.