reglab/housing_qa huggingface dataset:
NM Stat § 73-2-36 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-36 - [Duty to furnish laborers; mayordomos to superintend work.]

If any number of laborers, or any person thereof, having their fields above on such acequias, and having reached them, shall pretend from any cause or causes, reason or pretext, to abandon their co-laborers, he or they shall not be permitted to leave said work of the laborers in common until the completion of the cleansing of the said acequia so commenced to be worked: provided, that touching the repairs and excavations to be made to said acequias, the proportion of the people, or the number of laborers for such purpose shall be furnished by the owners, and it shall be the duty of the mayordomos to superintendent [superintend] such work, and as provided in section 5754 [73-2-21 NMSA 1978]: provided, further, that if in any acequias already constructed there shall be included any dikes or dams which may have been destroyed, and the parties interested therein shall have entered into any agreement or contract with the owners to work said acequia, then they shall so remain and fulfill their engagements. History: Laws 1860-1861, p. 66, § 2; C.L. 1865, ch. 1, § 28; C.L. 1884, § 45; C.L. 1897, § 42; Code 1915, § 5765; C.S. 1929, § 151-435; 1941 Comp., § 77-1432; 1953 Comp., § 75-14-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-2-37 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-37 - [Penalty for abandoning work.]

If any owners of lands, or lessees thereof, shall attempt to abandon their co-laborers without complying with sections 5763 to 5765 [73-2-35 to 73-2-37 NMSA 1978], they shall pay for each of such offenses a fine of not less than five dollars [($5.00)] nor exceeding ten dollars [($10.00)]. History: Laws 1860-1861, p. 66, § 4; C.L. 1865, ch. 1, § 30; C.L. 1884, § 44; C.L. 1897, § 41; Code 1915, § 5764; C.S. 1929, § 151-434; 1941 Comp., § 77-1433; 1953 Comp., § 75-14-34. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For present provisions concerning disposition of fines and forfeitures, see N.M. Const., art. XII, § 4, and 73-2-32 NMSA 1978.
NM Stat § 73-2-38 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-38 - [Labor to be in proportion to land ownership.]

As the excavations of such acequias, and in the first cleansing of some of them, the work sometimes continues for thirty days, more or less, the different mayordomos shall take into consideration the small amount of land tilled by some, and not compel these to furnish an equal amount of labor in the cleansing. History: Laws 1860-1861, p. 66, § 3; C.L. 1865, ch. 1, § 29; C.L. 1884, § 46; C.L. 1897, § 43; Code 1915, § 5766; C.S. 1929, § 151-436; 1941 Comp., § 77-1434; 1953 Comp., § 75-14-35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Section 31, ch. 1, 1865 C.L. provided that the Act of January 29, 1861 (the provisions of which are presently compiled as 73-2-35 to 73-2-38 NMSA 1978), shall be considered jointly with the Act of January 7, 1852 (the provisions of which are presently compiled as 73-2-9, 73-2-10, 73-2-18 and 73-2-30 to 73-2-32 NMSA 1978). Cross references. — For other provisions relating to measurement of labor required, see 73-2-33 and 73-2-34 NMSA 1978.
NM Stat § 73-2-39 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-39 - [Duty to furnish laborers; duty of absent landowner.]

Every owner or tenant of irrigable lands, irrigated by any of such acequias in this state, shall be compelled to hold at all times during the operations of the acequias to which they belong, the number of laborers to them assigned according to the provisions of the preceding section [73-2-38 NMSA 1978], at the disposal and order of the respective mayordomo or his assistant. And it shall not be legal for any owner or tenant of irrigable lands, irrigated by any of such acequias, to absent himself for a time exceeding three days without informing the chief mayordomo of the respective acequia about the persons remaining in his stead to comply with his or their duty regarding said acequia, and he shall even present them, so that in his presence they may assume the responsibilities during the time of absence of such person or persons that are to be absent. And all the responsibilities of such absentees regarding said acequias shall fall upon the substitutes left, and no other persons but those assuming the responsibility of the person by whom they are presented shall be admitted as substitutes. And if any of such owners or tenants of irrigable lands, irrigated under any of such acequias in this state, should absent himself from the precinct during the time the acequias are in operation, without complying with the duty upon him imposed by this and the succeeding section [73-2-40 NMSA 1978], besides suffering the penalty fixed by the mayordomo, he shall be responsible to the public where he belongs for a just and common estimate, per diem, of the time he was absent, and the number of laborers that may have been assigned to him. Nor shall any proprietor, on account of having rented his lands, reserving a part for himself, be exempt from working on the acequia at any time of said work. History: Laws 1880, ch. 30, § 8; C.L. 1884, § 47; C.L. 1897, § 44; Code 1915, § 5767; C.S. 1929, § 151-437; 1941 Comp., § 77-1435; 1953 Comp., § 75-14-36. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code substituted the words "the preceding section" for "this act" in the first sentence. "This act" would refer to sections derived from Laws 1880, ch. 30, presently compiled as 73-2-39 and 73-2-40 NMSA 1978.
NM Stat § 73-2-40 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-40 - [Failure to furnish laborers; penalty.]

The penalties on those who shall fail to supply the amount of work due by them, according to the provisions of this and the preceding section [73-2-39 NMSA 1978], or the number of laborers on them apportioned or for any violation of existing laws on this subject; and those penalties that are applicable under existing laws to mayordomos, shall be the same that shall be applied in these cases, and they shall be executed and fines shall be disbursed in the same manner: provided, that when any chief mayordomo shall have, in person, given notice to any person who is liable and owes work to the acequia of which he is mayordomo, and such person fails, then and in such case the mayordomo shall impose on the persons so failing the penalty or fine which the law authorizes. And if it is not paid he shall sue them before the justice of the peace [magistrate court] for the same; and there it shall be finally decided and executed, if the defendant does not offer credible witnesses to disprove and combat the charge. In which case an examination of the whole subject shall be made by said justice of the peace [magistrate court], and he shall decide accordingly, or shall grant a change of venue to the nearest precinct, should the defendant so desire. History: Laws 1880, ch. 30, § 4; C.L. 1884, § 48; C.L. 1897, § 45; Code 1915, § 5768; C.S. 1929, § 151-438; 1941 Comp., § 77-1436; 1953 Comp., § 75-14-37. 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 other sanctions relating to acequias, see 73-2-20, 73-2-25, 73-2-27, 73-2-29, 73-2-31, 73-2-34, 73-2-37, 73-2-45, 73-2-46, 73-2-50, 73-2-52 to 73-2-54 and 73-2-64 NMSA 1978.
NM Stat § 73-2-41 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-41 - Indians; rights and duties.

The different Indians residing within the state shall be subject to render the same services as non-Indians in working the acequias, within the limits of their respective reservations in which they may have a common interest with the non-Indians who live outside their respective reservations, and they shall enjoy at the same time the same benefit and rights of commercial traffic; provided that the Indians shall have no right to participate in the nominations and election of acequia mayordomos or superintendents or acequia or water commissioners in any ditch, whether within or without their reservations, except in acequias constructed entirely by themselves, unless they have paid their proportionate share of the whole cost of the construction of such acequia and unless the lands sought to be voted by the Indians have been duly returned for taxation in accordance with law and state and county taxes paid thereon. In all cases in which non-Indians living outside the reservation have acquired water rights by purchase of land from the Indians, the distribution of the water between the Indians and the non-Indians shall be agreed upon, based upon the customs heretofore practiced and recognized between the Indians and the non-Indians, by and between the governor of the Indian community or pueblo and the commissioners of such acequias in which the non-Indians may have acquired any such rights and, the governors of such Indians and the acequia commissioners shall also regulate the amount and manner of work to be done by the Indians and non-Indians in all such acequias in which all have water rights in accordance with such customs. History: Laws 1860-1861, p. 24, § 2; C.L. 1865, ch. 66, § 3 [2]; C.L. 1884, § 1305; C.L. 1897, § 1876; Laws 1901, ch. 29, § 1; 1905, ch. 36, § 1; Code 1915, § 5769; C.S. 1929, § 151-439; 1941 Comp., § 77-1437; 1953 Comp., § 75-14-38; Laws 1997, ch. 96, § 1. ANNOTATIONSCompiler's notes. — The last sentence of this section, in which the word "heretofore" is found, first appeared when the section was rewritten by the 1901 amendment (Laws 1901, ch. 29), which was approved March 16, 1901. Cross references. — For provision exempting Indian lands from taxation, see N.M. Const., art. XXI, § 2. The 1997 amendment, effective June 20, 1997, substituted "non-Indians" for "citizens" and made stylistic changes throughout the section; in the first sentence, deleted "communities of" following "different", deleted "of New Mexico" following "state", substituted "render the same services as non-Indians" for "render their services", substituted "who live outside" for "who live within", and substituted "mayordomos or superintendents" for "overseers"; and in the second sentence, substituted "living outside the reservation" for "living within the limits of such communities or pueblos of Indians shall", inserted "Indian" following "governor of the", deleted "communities or pueblos of" following "governors of such" and deleted "said river or" preceding "acequias".
NM Stat § 73-2-42 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-42 - Blind persons; free irrigation.

The commissioners of any community ditch in New Mexico, shall have power according to their discretion if they deem it proper, to allow a blind person or his surviving spouse to irrigate free of charge any portion of land not to exceed three acres. Provided, that the parties to whom the privilege may be granted as herein stated, shall have an interest and water right in the ditch, and shall be subject to the use of the water as per the orders of the mayordomo or superintendent of the ditch. History: Laws 1912, ch. 36, § 1; Code 1915, § 5770; C.S. 1929, § 151-440; 1941 Comp., § 77-1438; 1953 Comp., § 75-14-39; Laws 1973, ch. 44, § 1.
NM Stat § 73-2-43 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-43 - [Bridges across roads.]

Mayordomos of public and community ditches, shall construct to the cost of the owners of said ditch, good and substantial bridges, made of lumber across all ditches that shall be under their charge, as said mayordomos in all the crossings of public road or roads. History: Laws 1897, ch. 59, § 1; C.L. 1897, § 46; Code 1915, § 5772; C.S. 1929, § 151-442; 1941 Comp., § 77-1439; 1953 Comp., § 75-14-40. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For prohibition against flooding highways, see 67-7-6 and 67-7-7 NMSA 1978. For provision establishing duty to construct bridges over irrigation ditches crossing roads, see 67-7-8 NMSA 1978. For duty of owners to construct bridges, see 72-8-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 30; 45 Am. Jur. 2d Irrigation § 83. 28 C.J.S. Drains § 69; 93 C.J.S. Waters § 20; 94 C.J.S. Waters § 350.
NM Stat § 73-2-44 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-44 - [Payment for bridges.]

For the purpose of constructing such bridges, the respective mayordomos of acequias shall collect from the owners of said ditches, the amount required for the construction of the same, after the same have been constructed, which amount so taxed against the owners of said ditches shall be in proportion of their interests on the same: provided, that neither the county nor the owners of other acequias shall pay anything for the construction of said bridges, but, the owners of each ditch respectively, shall suffer the necessary expense in the construction of said bridges that might be necessary to construct bridges over said ditches. History: Laws 1897, ch. 59, § 2; C.L. 1897, § 47; Code 1915, § 5773; C.S. 1929, § 151-443; 1941 Comp., § 77-1440; 1953 Comp., § 75-14-41. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-2-45 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-45 - [Persons delinquent for bridges not to use waters.]

Every person failing or refusing to pay his share for such purpose after he has been notified by the mayordomo, shall forfeit his right to use the water of such ditch, or shall be deprived of the use of such water until he pays his share as provided in Section 5773 [73-2-44 NMSA 1978]. History: Laws 1897, ch. 59, § 3; C.L. 1897, § 48; Code 1915, § 5774; C.S. 1929, § 151-444; 1941 Comp., § 77-1441; 1953 Comp., § 75-14-42. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's note. — "Section 5773" refers to section 5773, Code of 1915.
NM Stat § 73-2-46 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-46 - [Mayordomo failure to perform duties; penalty.]

Any mayordomo who through negligence or any other cause whatsoever, except sickness, shall fail to comply, with the duties imposed upon him, by the three preceding sections [73-2-43 through 73-2-45], upon conviction before the justice of the peace [magistrate court] of the precinct, shall be fined in a sum not less than twenty-five [($25.00)] nor more than fifty dollars [($50.00)]. History: Laws 1897, ch. 59, § 4; C.L. 1897, § 49; Code 1915, § 5775; C.S. 1929, § 151-445; 1941 Comp., § 77-1442; 1953 Comp., § 75-14-43. 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. Mayordomo may be proceeded against for failure to perform his duty. Before entering upon his duties, he must take an oath that he will faithfully discharge them. 1914 Op. Att'y Gen. No. 14-1258.
NM Stat § 73-2-47 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-47 - [Several ditches from one stream; joint meeting of commissioners.]

It shall be the duty of all the ditch commissioners of the state of New Mexico, where two or more ditches are constructed from and supply waters from the same source or river and within the limits of a precinct, to have a meeting on the first Monday of April of each year for the purpose of making a true, just and equitable apportionment and distribution of the water for their respective ditches, and it shall be the duty of the superintendents of said ditches respectively to apportion and distribute the water in said ditches among the persons entitled thereto to the use of the same, in accordance with the orders of said ditch commissioners and not otherwise. History: Laws 1903, ch. 15, § 1; Code 1915, § 5776; C.S. 1929, § 151-446; 1941 Comp., § 77-1443; 1953 Comp., § 75-14-44. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-2-48 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-48 - [Organization; rules and regulations.]

In the meeting of said ditch commissioners, a majority of the persons elected as such shall constitute a quorum for the transaction of business, to carry out the purposes of the preceding section [73-2-47 NMSA 1978]. They shall elect a chairman and secretary from among their number. The chairman and secretary thus elected shall hold their positions during their term of office as ditch commissioners, and it shall be the duty of the secretary to keep in a proper book all of the proceedings of the meeting and to furnish the respective superintendents with a certified copy of the rules and regulations adopted at said meeting for the apportionment and distribution of the water free of cost. History: Laws 1903, ch. 15, § 2; Code 1915, § 5777; C.S. 1929, § 151-447; 1941 Comp., § 77-1444; 1953 Comp., § 75-14-45. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The "preceding section" referred to is § 5776 Code of 1915, now compiled as 73-2-47 NMSA 1978.
NM Stat § 73-2-49 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-49 - [Distribution of water.]

The said apportionment and distribution of the water shall be made in accordance with the rights of each ditch, and in proportion to the lands irrigated by each ditch. History: Laws 1903, ch. 15, § 3; Code 1915, § 5778; C.S. 1929, § 151-448; 1941 Comp., § 77-1445; 1953 Comp., § 75-14-46. 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 § 22. 93 C.J.S. Waters § 192.
NM Stat § 73-2-50 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-50 - [Neglect of duty; penalty.]

If any superintendent or water commissioner, neglects or refuses to discharge the duties required of him by the three preceding sections [73-2-47 to 73-2-49 NMSA 1978], he shall be fined for each offense in a sum not to exceed ten dollars ($10.00) recoverable before any justice of the peace [magistrate court] in the county; and the moneys thus recovered from said fines, shall be paid to the county treasurer, to be applied to the school fund of the district where said offense is committed. History: Laws 1903, ch. 15, § 4; Code 1915, § 5779; C.S. 1929, § 151-449; 1941 Comp., § 77-1446; 1953 Comp., § 75-14-47. 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 provision that all fines and forfeitures collected under general laws shall go into state current school fund, see N.M. Const., art. XII, § 4. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 22. 28 C.J.S. Drains § 97; 93 C.J.S. Waters § 192.
NM Stat § 73-2-51 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-51 - [Not applicable on Rio Grande.]

Nothing in the four preceding sections [73-2-47 to 73-2-50 NMSA 1978] shall be construed as applying to the community or other ditches constructed from and conveying waters from the Rio Grande. History: Laws 1903, ch. 15, § 5; Code 1915, § 5780; C.S. 1929, § 151-450; 1941 Comp., § 77-1447; 1953 Comp., § 75-14-48. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The "four preceding sections" referred to in the section are §§ 5776 to 5779, now compiled as 73-2-47 to 73-2-50 NMSA 1978.
NM Stat § 73-2-52 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 2 - Ditches or Acequias|Section 73-2-52 - [Spillways; place; work on excess water.]

Whenever 10 [ten] or more of the landowners of any main ditch or lateral, deem it necessary to open a drainage, tajo or outlet, near the main dam or away from said dam of any public ditch or lateral, with the object of drawing off the excess of water, or to regulate the water of said ditches, with the object of protecting the dams from any floods, or the damage of lands from excess waters, the water commissioners of said ditch or lateral are authorized to determine the place where such drainage, tajo or outlet shall be opened, under the supervision of the mayordomo by the owners of the irrigable land of such ditch and the work shall be taxed in proportion of the irrigable property of each owner, and any person or persons belonging to said ditch or lateral, who shall fail or refuse to perform work, or pay the amount assessed against him in lieu of said work shall not be allowed to take or use any water from the same or any contra acequia or lateral thereof, whilst default in such payment or failure to do such work, continues. History: Laws 1903, ch. 85, § 1; Code 1915, § 5781; Laws 1921, ch. 148, § 1; C.S. 1929, § 151-451; 1941 Comp., § 77-1448; 1953 Comp., § 75-14-49. 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. — Right of appropriator of water to recapture water which has escaped or is otherwise no longer within his immediate possession, 89 A.L.R. 210. Liability of landowner for damages caused by overflow, seepage or the like resulting from defect in artificial underground drain, conduit or pipe, 44 A.L.R.2d 960.