reglab/housing_qa huggingface dataset:
NM Stat § 73-14-37 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-37 - Powers to execute improvement plans [; facilities for recreation and research]

The board shall have full power and authority to devise, prepare for, execute, maintain and operate any or all works or improvements necessary or desirable to complete, maintain, operate and protect the works provided for by the official plan, and to that end, may employ and secure men and equipment under the supervision of the chief engineer or other agents, or may in its discretion, let contracts for such works, either as a whole or in parts. The board may authorize the use of suitable conservancy district facilities and properties for purposes of recreation and environmental studies and research. History: Laws 1927, ch. 45, § 306; C.S. 1929, § 30-306; 1941 Comp., § 77-2716; 1953 Comp., § 75-28-16; Laws 1975, ch. 27, § 1. ANNOTATIONSEmergency clauses. — Laws 1975, ch. 27, § 2, made the act effective March 17, 1975.
NM Stat § 73-14-38 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-38 - Access to land.

The board, its employes [employees] and the appraisers hereinafter provided for and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district, or to have access to the work; being liable, however, for actual damage done; but no unnecessary damage shall be done. Any person or corporation preventing such entry shall be guilty of misdemeanor, punishable by fine not exceeding fifty ($50.00) dollars. History: Laws 1927, ch. 45, § 307; C.S. 1929, § 30-307; 1941 Comp., § 77-2717; 1953 Comp., § 75-28-17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-14-40 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-40 - Letting contracts.

When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars ($10,000.00) dollars [sic] shall be advertised after notice by publication as the board shall order, calling for bids, and the board may reject any or all bids, or may let said contract to the lowest or best bidder who shall give a good and approved bond, with ample security, conditioned on the carrying out of the contract. Such contract shall be in writing, and shall be accompanied by or shall refer to plans and specifications for the work to be done, prepared by the chief engineer. Said contract shall be let by the chief engineer, approved by the board, signed by the president and by the contractor, and shall be executed in duplicate; provided, that in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the consent of the board, with the approval of the court; provided, further, that the provisions of this section shall not apply if it is determined by the board with the approval of the court that the work be done on force account. History: Laws 1927, ch. 45, § 309; C.S. 1929, § 30-309; 1941 Comp., § 77-2719; 1953 Comp., § 75-28-19. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 321.
NM Stat § 73-14-41 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-41 - Dominant right of eminent domain.

A. The district, when necessary for the purposes of this act, shall have a dominant right of eminent domain over the right of eminent domain of private or public corportions [corporations]. B. In the exercise of this right, due care shall be taken to do no unnecessary damage to others, and, in case of failure to agree upon the mode and terms of interference, not to interfere with their operations or usefulness beyond the actual necessities of the case, due regard being given to other public interest [interests] involved. History: Laws 1927, ch. 45, § 310; C.S. 1929, § 30-310; 1941 Comp., § 77-2720; 1953 Comp., § 75-28-20. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see compiler's notes to 73-14-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 29A C.J.S. Eminent Domain § 40.
NM Stat § 73-14-42 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-42 - Condemnation under general law.

The district shall also have the right, instead of having appraisals made by the board of appraisers, to condemn for the use of the district according to the procedure provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] for the appropriation of property taken for public use and [any] property within or without the district not acquired or condemned by the court on the report of the appraisers. History: Laws 1927, ch. 45, § 311; C.S. 1929, § 30-311; 1941 Comp., § 77-2721; 1953 Comp., § 75-28-21; Laws 1981, ch. 125, § 58. ANNOTATIONSThe 1981 amendment, effective July 1, 1981, inserted "board of" preceding "appraisers" near the beginning of the section, substituted "the Eminent Domain Code" for "Chapter XXXIV of the Codification of 1915, and all amendatory or supplementary acts" near the middle of the section, deleted "land or other" following "appropriation of" near the middle of the section, substituted "and" for "any land or" near the end of the section and substituted "the" for "said" preceding "district" near the end of the section. Relaxation of damages doctrine evidenced. — The various provisions of this article manifest an intention to avoid or relax the doctrine that damages when assessed according to law must include all allowable damages. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673. Other compensation proceedings distinguished. — Provision of Section 73-17-18 NMSA 1978 pertaining to ascertainment of the amount of compensation for lands taken and damaged to be arrived at by the board of appraisers is not a substitute for condemnation proceedings referred to in this section. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673. Petition for damages no substitute for condemnation proceedings. — Section 73-17-18 NMSA 1978 is not a substitute for condemnation proceedings referred to in Section 73-14-42 NMSA 1978. Under 73-17-18 NMSA 1978, the plaintiffs initiate their claims for damages with a petition, while under eminent domain proceedings the defendant initiates its claims for condemnation of plaintiffs' property. Wells v. Arch Hurley Conservancy Dist., 1976-NMCA-082, 89 N.M. 516, 554 P.2d 678.
NM Stat § 73-14-43 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-43 - Regulations to protect works.

A. Where necessary, in order to secure the best results from the execution and operation of the plans of the district, and to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any natural or artificial watercourse therein, the board may make regulations for and may prescribe the manner of building bridges, roads, highways, or fences or other works in, into, along or across any channel, natural or artificial watercourse, reservoir or other construction; and may prescribe the manner in which ditches or other works shall be adjusted to or connected with the works of the district or any watercourse therein; and when not in conflict with the regulations of the state board of health [department of health], may prescribe the manner in which the watercourses of the district may be used for sewer outlets or for disposal of waste. B. The construction of any works in a manner harmful to the district or to any watercourse therein, and in a manner contrary to that specified by the board, shall be a misdemeanor, punishable by a fine of not more than one thousand ($1,000) dollars. C. The board shall have authority to enforce by mandamus or other legal proceedings all necessary regulations, made by it and authorized by this act, and may remove any harmful construction or may close any opening improperly made. Any person or public corporation wilfully failing to comply with such regulations shall be liable for all damage caused by such failure, and for the cost of renewing any construction damaged or destroyed. History: Laws 1927, ch. 45, § 312; C.S. 1929, § 30-312; 1941 Comp., § 77-2722; 1953 Comp., § 75-28-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 provided that references to the state board of health shall be construed as references to the department of health. Compiler's notes. — For the meaning of "this act", see compiler's notes to 73-14-1 NMSA 1978. Cross references. — For mandamus, see 44-2-1 to 44-2-14 NMSA 1978.
NM Stat § 73-14-44 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-44 - Removal of structures.

A. For the accomplishment of the official plan, the board of directors of any district shall have full power and authority to improve in alignment, section, grade, location or in any other manner, any watercourse, and they may remove, widen, lengthen, lower, raise or otherwise change any public or private road bridge or railroad bridge, or any flume, aqueduct or telephone, telegraph, gas, oil, sewer, water or other pipelines or any other construction, over, across, in, into, under or through any such watercourse, or may require the same to be done, and the foregoing shall apply to all such changes specified by the official plan, or reasonably necessary for the accomplishment of the same; provided, however, that whenever any such change is made necessary in any construction because of the failure of the same to permit the free flow of the water in such stream in time of flood, or to permit the necessary enlargement or protection of the channel, then the owner of such construction shall make such change and all adjustments of grade, roadway, track, approach or other construction incidental thereto, without cost to the district, and without any claim for damages against the district; except that the district shall pay the cost of excavating the earth for the enlargement of any channel, or for placing earth for the filling of any channel, where such excavation or filling is required as a part of the official plan in making the changes outlined in this section; but the district shall not be required to make such fill or excavation unless the same would be necessary to the official plan if the construction or work so changed did not exist. Before the removal, change or modification of any work or construction outlined in this section, the board of directors shall give notice to the owner thereof, requiring that the same be adapted to the official plan. In case such removals, changes or adjustments are not commenced and completed by the owner within the respective times specified therefor in such notice (which time shall be reasonable under all the circumstances) such removals, changes or adjustments may be made by the district, at the expense of the owner. History: Laws 1927, ch. 45, § 313; C.S. 1929, § 30-313; 1941 Comp., § 77-2723; 1953 Comp., § 75-28-23. ANNOTATIONSCompiler's notes. — As enacted, this section contained no Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 321.
NM Stat § 73-14-45 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-45 - Passing equipment through bridge or grade.

In case it be necessary to pass any dredgeboat, or other equipment through a bridge or grade of any person or public corporation, the board shall give notice to the owner of said bridge or grade that the same shall be removed temporarily to allow the passage of such equipment, or that an agreement be immediately entered into in regard thereto. The owner of said bridge or grade shall keep an itemized account of the cost of the removal, and if necessary, of the replacing of said bridge or grade, and the necessary actual cost shall be paid by the district. In case the owner of said bridge or grade shall fail to commence or complete provisions for the passage of said equipment within the time specified in the notice, the board may remove such bridge or grade at its own expense, interrupting traffic in the least degree consistent with good work and without unnecessary damage or delay. In case it shall be hindered or prevented from so doing, the owner of said bridge or grade shall be liable for all damage resulting to the district therefrom. History: Laws 1927, ch. 45, § 314; C.S. 1929, § 30-314; 1941 Comp., § 77-2724; 1953 Comp., § 75-28-24.
NM Stat § 73-14-46 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-46 - Surveys and investigations [; flood warning service]

The board shall also have the right to establish and maintain stream gages, rain gages, a flood warning service with telephone or telegraph lines or telephone and telegraph service, and may make such surveys and examinations of rainfall and flood conditions, stream flow and other scientific and engineering subjects as are necessary and proper for the purposes of the district and they may issue reports thereon. History: Laws 1927, ch. 45, § 315; C.S. 1929, § 30-315; 1941 Comp., § 77-2725; 1953 Comp., § 75-28-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-14-48 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-48 - General grant of power.

The board of directors of any district organized under this act is hereby vested with all powers necessary and requisite for the accomplishment of the purposes for which the district is organized and capable of being delegated by the legislature of the state of New Mexico; and no enumeration of particular powers hereby granted shall be construed to impair any general grant of power herein contained, nor to limit any such grant to power or powers of the same class or classes as those so enumerated. History: Laws 1927, ch. 45, § 317; C.S. 1929, § 30-317; 1941 Comp., § 77-2727; 1953 Comp., § 75-28-27. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see compiler's notes to 73-14-1 NMSA 1978. Conflict of interest. — Because no statute defines the duties of a member of a board of directors of a conservancy district when a conflict of interest arises, the common law prevails. At common law, a member of a governing board is disqualified from voting on a matter in which he has a direct personal, financial interest, and a court will invalidate any board action in violation of this rule. 1988 Op. Att'y Gen. No. 88-18. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 321.
NM Stat § 73-14-49 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-49 - Declaration of policy.

It is recognized that in conservancy districts heretofore or hereafter organized under New Mexico law that certain land therein has or may have vested irrigation water rights. While fully recognizing such rights, nevertheless, in the proper operation of such districts, and especially in time of droughts, it is essential that the districts have the specific and unquestioned power to distribute the water remaining available for irrigation and to properly allocate the same for the purposes most essential for the welfare and economy of landowners within the district. To this end, the legislature deems it of manifest importance that conservancy districts have the unquestioned power to make such distribution and allocation of irrigation waters. While such power is present in existing laws, the method of enforcement is doubtful. To avoid any question in the future, this act [73-14-49 to 73-14-53 NMSA 1978] is enacted, with the aforesaid legislative intent and policy in mind. History: 1941 Comp., § 77-2727a, enacted by Laws 1951, ch. 222, § 1; 1953 Comp., § 75-28-28.
NM Stat § 73-14-50 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-50 - Distribution of irrigation waters.

All conservancy districts heretofore organized under the laws of New Mexico, and all such districts hereafter to be organized, are specifically empowered to make such proper and necessary distribution and allocation of the waters available for irrigation within such districts as the boards of directors thereof, in consultation with the chief engineer of such districts, shall determine to be reasonable and proper. The method and manner of distribution and allocation may be altered and changed as often as is deemed requisite. The decision [decisions] of said board of directors, as determined from time to time, shall be expressed in rules and regulations to be adopted and published as hereinbelow specified. History: 1941 Comp., § 77-2727b, enacted by Laws 1951, ch. 222, § 2; 1953 Comp., § 75-28-29. 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. — 94 C.J.S. Waters § 359.
NM Stat § 73-14-51 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-51 - Rules and regulations.

The method of distribution and allocation of available irrigation waters shall be set forth in rules and regulations to be adopted by the board of directors of conservancy districts, in consultation with the chief engineer thereof, which said rules and regulations, before becoming effective, shall be published in English only in two issues, one week apart, of one legal newspaper in each county embraced within such conservancy district, and by posting one copy in English only of such rules and regulations at the courthouse of each county within such conservancy district. If there be no newspaper published in any such county, then copies of such rules and regulations shall be posted in English only at three public places within such county, in addition to posting at the county courthouse; the said notices to be posted at least seven days before the effective date of such rules and regulations. History: 1941 Comp., § 77-2727c, enacted by Laws 1951, ch. 222, § 3; 1953 Comp., § 75-28-30.
NM Stat § 73-14-52 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-52 - Enforcement.

Conservancy districts, having adopted rules and regulations providing for the distribution and allocation of irrigation waters pursuant to the provisions of this act [73-14-49 to 73-14-53 NMSA 1978], shall have all powers available by law to enforce the same, including the right of injunction and mandamus. History: 1941 Comp., § 77-2727d, enacted by Laws 1951, ch. 222, § 4; 1953 Comp., § 75-28-31. ANNOTATIONSCross references. — For mandamus, see 44-2-1 NMSA 1978 et seq. For injunctions, see Rule 1-066 NMRA.
NM Stat § 73-14-53 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-53 - Penalties.

Any person, partnership, association, private or public corporation or entity wilfully failing to comply with such rules and regulations, and violating same, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment for not less than six months or more than one year, or by a fine of not to exceed $3000 or both such fine and imprisonment within the discretion of the court. History: 1941 Comp., § 77-2727e, enacted by Laws 1951, ch. 222, § 5; 1953 Comp., § 75-28-32.
NM Stat § 73-14-54 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-54 - [Abolition of boards of directors or commissioners of districts having 100,000 acres or less; creation of new boards of directors; powers and duties.]

That as the same are now constituted under the provisions of "The Conservancy Act of New Mexico," "boards of commissioners," and "boards of directors" of all conservancy districts except as hereinafter provided shall be abolished and shall cease to exist upon the happening of the events hereinafter specified. In lieu of the boards hereby abolished, there is hereby created within and for each conservancy district, now or hereafter organized and existing under and by virtue of said Conservancy Act of New Mexico, a board of directors, which shall bear the name "Board of Directors of the . . . . . . . . . . . Conservancy District"; shall be a body corporate, may sue and be sued and which shall succeed to, have, exercise, enjoy, assume and perform all of the rights, powers, obligations and duties now by law vested in, conferred upon, imposed upon or required of, the boards hereby abolished. History: 1941 Comp., § 77-2728, enacted by Laws 1943, ch. 126, § 1; 1953 Comp., § 75-28-33. ANNOTATIONSEffective dates. — Laws 1943, ch. 126, contained no effective date provision, but was enacted at a session which adjourned on April 12, 1943. See N.M. Const., art. IV, § 23. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes to 73-14-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 320.
NM Stat § 73-14-55 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-55 - [Boards of directors; membership; qualifications.]

The boards of directors hereby created, shall consist of five (5) directors, each of whom must own real property within the conservancy district, which is subject to conservancy district appraisals, assessments, levies and taxes, and each of whom must actually reside within the conservancy district, and also within the county from which he shall be elected as hereinafter provided. History: 1941 Comp., § 77-2729, enacted by Laws 1943, ch. 126, § 2; 1953 Comp., § 75-28-34. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-14-55 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 14 - Conservancy Districts; Definitions; Organization and Management|Section 73-14-55 - Boards of directors; membership; qualifications. (Effective July 1, 2022.)

The boards of directors created in Sections 73-14-54 through 73-14-69 NMSA 1978 shall consist of five directors, each of whom must own real property within the conservancy district that is subject to conservancy district appraisals, assessments, levies and taxes, and each of whom must actually reside within the conservancy district and also within the county from which the director is elected. History: 1941 Comp., § 77-2729, enacted by Laws 1943, ch. 126, § 2; 1953 Comp., § 75-28-34; 2018, ch. 79, § 144. ANNOTATIONSThe 2018 amendment, effective July 1, 2022, added the section heading, and after "created", added "in Sections 73-14-54 through 73-14-69 NMSA 1978".