reglab/housing_qa huggingface dataset:
NM Stat § 73-5-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-2 - Certificate of organization; contents.

The incorporators of a water users' association shall execute a certificate setting forth: A. the name of the association. No name shall be assumed that is in use by another association or corporation in this state, or so nearly similar as to lead to uncertainty or confusion; B. the names of the incorporators; C. the location of the association's principal office in this state; D. the objects and purposes of the association, the county or counties in which its operations are to be carried on and the general description of the lands to be irrigated and the reservoirs, canals, ditches or works to be constructed, enlarged, combined or used under the management of the association; E. the amount of capital stock and number and denomination of the shares, or if the incorporators do not desire to issue shares of stock, the plan and manner of acquiring membership and of providing funds or means for the acquisition, construction, improvement and maintenance of its works and for its necessary expenses; F. the period if any limited for the duration of the association; G. the number and manner of electing the board of directors, trustees or governing board of the association, and may name the persons who shall serve as such for the first three months or until their successors are elected and qualified; H. the address of its initial registered office and the name of its initial registered agent at that address; and I. any provision, not inconsistent with Chapter 73, Article 5 NMSA 1978 or other law of this state, which the incorporators may choose to insert for the regulation and conduct of the business and affairs of the association, extending its membership, enlarging or changing the scope of its operations, creating and enforcing a lien upon the lands, reservoirs, canals, ditches, works and water rights of the association or its members for the cost of acquisition, construction, repair, improvement and maintenance of reservoirs, canals, ditches and other works, collecting the necessary funds for expenses and purposes of the association, defining or limiting its powers and for its dissolution and the distribution or other disposition of its property. History: Laws 1909, ch. 76, § 2; Code 1915, § 5646; C.S. 1929, § 150-102; 1941 Comp., § 77-1602; 1953 Comp., § 75-17-2; 2001, ch. 200, § 82. ANNOTATIONSCompiler's notes. — The 1915 Code substituted "this chapter" for "this act," 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. The 2001 amendment, effective July 1, 2001, substituted "The incorporators of a water users' association" for "They"; added Subsection H, redesignating the remaining subsections accordingly; and deleted "the certificate or any amendment thereof made as in this chapter provided may also contain" from the beginning of Subsection I.
NM Stat § 73-5-3 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-3 - Acknowledgment; recording; evidence.

The certificate shall be acknowledged as required for deeds of real estate and shall be filed in the office of the secretary of state. A copy thereof duly certified by the secretary of state shall be recorded in the office of the county clerk of the county or counties where the lands or works are located, and the certificate or a copy thereof duly certified by the secretary of state or county clerk shall be evidence in all courts and places. History: Laws 1909, ch. 76, § 3; Code 1915, § 5647; C.S. 1929, § 150-103; 1941 Comp., § 77-1603; 1953 Comp., § 75-17-3; 2013, ch. 75, § 45. ANNOTATIONSCross references. — For form of acknowledgments, see 14-14-8 NMSA 1978. The 2013 amendment, effective July 1, 2013, required that the certificate of organization be filed with the secretary of state; added the title of the section; in the first sentence, after "filed in the office of the", deleted "state corporation commission and" and added "secretary of state"; in the second sentence, after "A copy thereof duly certified by" deleted "said commission" and added "the secretary of state" and after "or a copy thereof duly certified by the", deleted "commission" and added "secretary of state". Association must pay fee. — Water users' associations that desire to organize as nonprofit corporations must pay fee for filing the certificate of incorporation, as provided for in Section 53-2-1 NMSA 1978. 1943 Op. Att'y Gen. No. 43-4250.
NM Stat § 73-5-4 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-4 - [Water users associations; bodies corporate; powers.]

Upon the filing of such certificate and copy thereof as provided in the preceding section [73-5-3 NMSA 1978] the persons so associating, their successors and those who may thereafter become members of said association, shall constitute a body corporate by the name set forth in such certificate and by such name may sue and be sued, and shall have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property real and personal and to do any other act or thing necessary or proper for carrying out the purposes of their organization. History: Laws 1909, ch. 76, § 4; Code 1915, § 5648; C.S. 1929, § 150-104; 1941 Comp., § 77-1604; 1953 Comp., § 75-17-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Association may operate irrigation system, borrow and issue bonds. — Association has the capacity to maintain and operate an irrigation system to furnish water to its members and to borrow money and issue its bonds when necessary. 1935 Op. Att'y Gen. No. 35-1175.
NM Stat § 73-5-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-5 - Amendments to certificate.

Every such association may change its name, increase or decrease its capital stock or membership, change the location of its principal office in this state, extend the period of its existence and make such other amendment, change or alteration as may be desired, not inconsistent with Chapter 73, Article 5 NMSA 1978 or other law of this state, by a resolution adopted by a vote of two-thirds in interest of the shareholders or members present at any regular or special meeting duly held upon such notice as the bylaws provide or, in the absence of such provision, upon twenty days' notice in writing given personally or by mail. The notice shall state that the amendment or change is to be voted upon at such meeting and the nature and purpose thereof, and provided, further, that a majority in interest of the shareholders or members are present at the meeting in person or by duly authorized representative. A certified copy of the resolution with the affidavit of the president and secretary that the resolution was duly adopted by a two-thirds' vote of the shareholders or members at a meeting held in accordance with the provisions of this section shall be filed and recorded as provided for filing and recording the original certificate of incorporation. The certificate of incorporation shall be deemed to be amended accordingly and a copy of the certificate of amendment certified by the secretary of state or the county clerk shall be accepted as evidence of such change or amendment in all courts and places. History: Laws 1909, ch. 76, § 5; Code 1915, § 5649; C.S. 1929, § 150-105; 1941 Comp., § 77-1605; 1953 Comp., § 75-17-5; 2013, ch. 75, § 46. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required the secretary of state of certify certificates of amendment to articles of incorporation; added the title of the section; and in the fourth sentence, after "certified by the", deleted "state corporation commission" and added "secretary of state".
NM Stat § 73-5-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-6 - [First meeting; notice.]

The first meeting of every such association shall be called by a notice signed by a majority of the incorporators, or by the directors, trustees or governing board named in the certificate of incorporation, which notice shall be served personally or by mail at least ten days prior to the date for said meeting. History: Laws 1909, ch. 76, § 6; Code 1915, § 5650; C.S. 1929, § 150-106; 1941 Comp., § 77-1606; 1953 Comp., § 75-17-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-5-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-7 - [Bylaws, rules and regulations.]

The power to make and alter bylaws or rules and regulations for the management and operation of the works of the association, the distribution of the waters thereof and the control and conduct of its business and affairs shall be in the shareholders or members, but the incorporators may, in the certificate of incorporation, confer such power upon the directors, trustees or governing board. Bylaws or rules and regulations made or altered under power so conferred may nevertheless be altered or repealed by the shareholders or members. History: Laws 1909, ch. 76, § 7; Code 1915, § 5651; C.S. 1929, § 150-107; 1941 Comp., § 77-1607; 1953 Comp., § 75-17-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-5-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-8 - [Officers; selection; terms; vacancies.]

Such associations may have such officers or agents chosen or appointed in such manner and for such terms as may be provided by the bylaws. Vacancies occurring among such officers or among the directors, trustees or governing board shall be filled as provided by the bylaws, or in the absence of such provision by the directors, trustees or governing board. History: Laws 1909, ch. 76, § 8; Code 1915, § 5652; C.S. 1929, § 150-108; 1941 Comp., § 77-1608; 1953 Comp., § 75-17-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-5-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 5 - Water Users' Associations|Section 73-5-9 - Rights-of-way; eminent domain.

Such associations shall have the right of way over all property formerly belonging to the territory of New Mexico, for its canals, ditches or other works and shall have and exercise the same right to enter upon property to make surveys, and the same right to take and acquire property and rights-of-way for their reservoirs, canals, ditches and works, as is provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: Laws 1909, ch. 76, § 9; Code 1915, § 5653; C.S. 1929, § 150-109; 1941 Comp., § 77-1609; 1953 Comp., § 75-17-9; Laws 1981, ch. 125, § 56. ANNOTATIONSThe 1981 amendment substituted "right of way" for "right-of-way" near the beginning of the section, substituted "property" for "lands" twice in the section and substituted "the Eminent Domain Code" for "Section 5892" of the Code of 1915 at the end of the section.
NM Stat § 73-6-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-2 - [Petition amendment; consolidation.]

The court may at any time permit the petition to be amended in form and substance to conform to the facts, if the facts justify the organization of a drainage district. Several similar petitions for the organization of the same district may be circulated, and when filed, shall together be regarded as one petition having as many signers as there are separate adult signers on the several petitions filed, who own lands within said proposed drainage district. All petitions for the organization of said district filed prior to the hearing on said petition shall be considered by the court, the same as if filed with the first petitions placed on file, and the signatures thereon contained shall be counted in determining whether sufficient landowners have signed said petition. History: Laws 1912, ch. 84, § 2; Code 1915, § 1878; C.S. 1929, § 40-102; 1941 Comp., § 77-1802; 1953 Comp., § 75-19-2. 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. — 28 C.J.S. Drains §§ 28, 29.
NM Stat § 73-6-3 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-3 - [Noncontiguous lands.]

Said territory need not be contiguous, providing that agricultural interests will be promoted by such drainage of each part thereof, and the benefits of the proposed work in each part will exceed the damages from and cost of said proposed work in each part; and provided, further, that the court shall be satisfied that said proposed work can be more cheaply done if in a single district than otherwise. History: Laws 1912, ch. 84, § 3; Code 1915, § 1879; C.S. 1929, § 40-103; 1941 Comp., § 77-1803; 1953 Comp., § 75-19-3. 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. — 28 C.J.S. Drains § 9; 94 C.J.S. Waters § 243(3).
NM Stat § 73-6-4 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-4 - [Petition; hearing; notice.]

On such petition being filed the court or judge thereof shall make an order fixing a time and place of hearing thereon and ordering notice; thereupon the clerk of said court, for the county in which the proceedings are instituted, shall cause twenty days' notice of the filings of such petition to be given: A. by posting notice thereof in at least five public places in the district in which said work is to be done; B. by serving or causing to be served a copy of such notice on each owner or reputed owner of land within proposed district, residing in any county in which any lands in said proposed district are situated either personally or by leaving a copy thereof at his last usual place of abode, with a person of suitable age and discretion, to whom its contents shall be explained; and C. by publishing a copy thereof at least once a week for three successive weeks in some newspaper published in each county from which any part of the district is proposed to be taken. If there be no newspaper in any such county, such notice may be published in a newspaper of general circulation in the district. Such notice shall state: A. in what court said petition is filed; B. state briefly the starting points, routes and termini of said drains or ditches; C. give a general description of the proposed work; D. give the proposed boundaries of said district (or a general description of all the lands in said proposed district); E. give the name proposed for said drainage district; and F. shall also state the time and place by the court fixed when and where the petitioners will ask a hearing on said petition. History: Laws 1912, ch. 84, § 4; Code 1915, § 1880; C.S. 1929, § 40-104; 1941 Comp., § 77-1804; 1953 Comp., § 75-19-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For service in the district court, see Rule 1-004 NMRA. For posting, publication and mailing of notice unnecessary, see 73-6-7 NMSA 1978. For general provisions regarding publication of notice, see Chapter 14, Article 11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of statutory provision for notice and hearing, 84 A.L.R. 1098, 145 A.L.R. 1196. 28 C.J.S. Drains § 32 et seq.
NM Stat § 73-6-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-5 - [Nonresidents; petition; notice.]

If any of the owners or reputed owners of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post-office addresses of such nonresidents, if such are known, and if such are unknown, shall state that upon diligent inquiry their names or post-office addresses (whichever may be the fact) cannot be ascertained. The clerk of the court shall mail a copy of the notice aforesaid to each of said nonresidents whose post-office address is known, within six days after the publication of the same. History: Laws 1912, ch. 84, § 5; Code 1915, § 1881; C.S. 1929, § 40-105; 1941 Comp., § 77-1805; 1953 Comp., § 75-19-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For process in the district court, see Rule 1-004 NMRA.
NM Stat § 73-6-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-6 - [Notice; proof of service.]

The certificates of the clerk of the court, or other public officer, or the affidavit of any person who knows the facts, affixed to a copy of said notice, shall be sufficient evidence of the posting, serving, mailing or publication thereof. History: Laws 1912, ch. 84, § 6; Code 1915, § 1882; C.S. 1929, § 40-106; 1941 Comp., § 77-1806; 1953 Comp., § 75-19-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For proof of service of a petition, see Rule 1-004 NMRA.
NM Stat § 73-6-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-7 - [Notice; personal service.]

Personal service of said notice on or service by leaving at the usual place of abode of all owners or reputed owners of lands within said district shall give the court complete jurisdiction, without posting, publication or mailing of said notice. History: Laws 1912, ch. 84, § 7; Code 1915, § 1883; C.S. 1929, § 40-107; 1941 Comp., § 77-1807; 1953 Comp., § 75-19-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For procedure required for service of notice in the district court, see Rule 1-004 NMRA and commentary. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 13. 28 C.J.S. Drains § 32 et seq.
NM Stat § 73-6-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-8 - [Notice; owners not served.]

If it shall be found before the hearing on a petition for the organization of a drainage district, that one or more owners or reputed owners of land in said district have not been duly served with notice of hearing on said petition, the court, or presiding judge, shall not thereby lose jurisdiction. The court, or presiding judge in such case shall adjourn the hearings, make an order directing the serving of said notice upon said landowner and fixing the time and manner of service of such notice, which notice shall notify him to appear at said adjourned time and place and be heard on said petition. History: Laws 1912, ch. 84, § 8; Code 1915, § 1884; C.S. 1929, § 40-108; 1941 Comp., § 77-1808; 1953 Comp., § 75-19-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — Forservice of process in the district court, see Rule 1-004 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 30.
NM Stat § 73-6-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-9 - [Notice; time of service.]

Said notice shall be served personally or by leaving at the usual place of abode of said unserved owners, or reputed owners as in Section 73-6-4 NMSA 1978 provided not less than eight days before said hearing or published not less than fourteen days before said adjourned hearing, in some newspaper published in the county in which said owner's lands lie, or if no newspaper be published in said county, then in some newspaper of general circulation in the district. History: Laws 1912, ch. 84, § 9; Code 1915, § 1885; C.S. 1929, § 40-109; 1941 Comp., § 77-1809; 1953 Comp., § 75-19-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For required procedure for service of notice in the district court, see Rule 1-004 NMRA and commentary.
NM Stat § 73-6-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-10 - [Hearing; failure of service.]

Upon the adjourned day the same proceedings, adjournments, trial, findings and orders may be had as in case of complete service of notice in the first instance. In case of failure to mail said notice as herein required, the court or judge may order the same mailed at least fourteen days before said adjourned hearing. In case of failure to publish or post notice, as in this chapter required, the court or judge may adjourn said hearing for sufficient time to permit the due posting and publication of said notice, and order said notice posted or published as in Section 73-6-4 NMSA 1978 directed. In case of adjournment to permit notice to be given the notice shall state the fact of such adjournment and the time and place of hearing pursuant to said adjournment. History: Laws 1912, ch. 84, § 10; Code 1915, § 1886; C.S. 1929, § 40-110; 1941 Comp., § 77-1810; 1953 Comp., § 75-19-10. 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." The reference is to the sections of Code 1915, ch. XXXI, §§ 1877 to 1962, presently compiled as 73-6-1 to 73-6-17, 73-6-25 to 73-6-44, 73-7-1 to 73-7-24, 73-7-37, 73-7-38 and 73-7-40 to 73-7-56 NMSA 1978. §§ 1959 to 1962 of the 1915 Code were derived from Laws 1909, ch. 147, §§ 1 to 4, which were repealed by Laws 1965, ch. 300, § 595.
NM Stat § 73-6-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-11 - [Hearing; objections.]

On the day fixed for hearing on such petition all parties owning lands, or any interests or easements in land, within said proposed district, or who would be affected thereby, may appear and contest: A. the sufficiency of the petition; B. the sufficiency of the signers of the petition; C. the sufficiency of the notice; D. the constitutionality of the law; and E. the jurisdiction of the court, specifying their objections to such jurisdiction; and the petitioners and contestants may, on the trial day offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest. History: Laws 1912, ch. 84, § 11; Code 1915, § 1887; C.S. 1929, § 40-111; 1941 Comp., § 77-1811; 1953 Comp., § 75-19-11. 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. — 25 Am. Jur. 2d Drains and Drainage Districts § 46. 28 C.J.S. Drains § 24.