reglab/housing_qa huggingface dataset:
NM Stat § 73-1-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-5 - [More than one petition for same district.]

Several similar petitions, or duplicate copies of the same petition, for the organization of the same district may be filed, and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the court the same as though filed with the first petition. History: Laws 1931, ch. 97, § 5; 1941 Comp., § 77-1305; 1953 Comp., § 75-13-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-1-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-6 - Signing of petition.

A guardian, conservator or personal representative of an estate, who is appointed as such under the laws of this state, and who, as such guardian, conservator or personal representative, is entitled to the possession of the lands belonging to the estate which he represents may, on behalf of his ward or the estate he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978] mentioned, and may act in respect to the said lands to the same extent, and in the same manner, as a private owner might act. History: Laws 1931, ch. 97, § 6; 1941 Comp., § 77-1306; 1953 Comp., § 75-13-6; Laws 1975, ch. 257, § 8-127. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The 1975 amendment made this section applicable to guardians, conservators or personal representatives instead of guardians, executors or administrators.
NM Stat § 73-1-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-7 - [Tax roll as prima facie evidence of property ownership and value.]

In determining whether a requisite number of landowners have signed the petition, the court shall be governed by the names and the value of the property as they appear upon the tax or assessment rolls which shall be prima facie evidence of such ownership and value. History: Laws 1931, ch. 97, § 7; 1941 Comp., § 77-1307; 1953 Comp., § 75-13-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-1-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-8 - [Bond; sufficiency; failure to execute additional bond when required.]

At the time of filing the petition, or at any time subsequent thereto and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court sufficient to pay all the expenses connected with the proceedings in case the organization of the district be not effected. If, at any time during the proceeding, the court shall be satisfied that the bond first executed is not sufficient, it may require the execution of an additional bond within a time to be fixed, which shall not be less than ten days from the date of such order, and upon failure of the petitioners to execute the same, the petition shall be dismissed. History: Laws 1931, ch. 97, § 8; 1941 Comp., § 77-1308; 1953 Comp., § 75-13-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-1-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-9 - [Hearing; time and place; publication of notice.]

Immediately after the filing of such petition, the court shall, by order, fix a time and place, not less than sixty (60) days after the petition is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication to be made of the pendency of the petition, and of the time and place of the hearing thereon, in each county in which there is property to be included in the proposed district. If no newspaper is published in any such county, publication shall be made in a newspaper of general circulation in the proposed district. It shall not be necessary for the clerk to name the parties interested, nor to describe separate lots, tracts or parcels of land in giving such notice, but it shall be sufficient to give such descriptions as to enable the owner to determine whether or not his land is covered by such description. The notice shall state that all persons, corporations and municipalities, or others owning or interested in any property within the proposed district, will be given the opportunity to be heard at the time and place specified in the notice. Publication shall be made as directed by the court, but shall be for at least once each week for four consecutive weeks. History: Laws 1931, ch. 97, § 9; 1941 Comp., § 77-1309; 1953 Comp., § 75-13-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For general provisions as to publication of notice, see Chapter 14, Article 11 NMSA 1978. For service of process in the district courts, see Rule 1-004 NMRA and Civil Forms 4-206, 4-209 and 4-209A NMRA.
NM Stat § 73-1-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-10 - [Filing of objections; hearing as advanced cause.]

Any owner of real property, or any public corporation in said proposed district, not having individually signed a petition for the organization and incorporation of said district may, on or before the date set for the cause to be heard, file objections to the organization and incorporation of such district. Such objections shall be heard by the court as an advanced cause without unnecessary delay. History: Laws 1931, ch. 97, § 10; 1941 Comp., § 77-1310; 1953 Comp., § 75-13-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-1-12 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-12 - Recording of findings and decree; fees.

As soon as practical and within thirty days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the secretary of state and to the county clerk of each of the counties having lands in the district certified copies of the findings and the decree of the court incorporating the district. The copies shall be filed in the office of the secretary of state, and copies shall also be filed in the office of the county clerk of each county in which a part of the district may be, where they shall become permanent records. The clerk in each county shall receive a fee of one dollar ($1.00) for filing and preserving the copies. The secretary of state shall receive a fee of five dollars ($5.00) for filing and preserving the copies. History: Laws 1931, ch. 97, § 12; 1941 Comp., § 77-1312; 1953 Comp., § 75-13-12; 2013, ch. 75, § 44. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, required the clerk of the court to transmit to the secretary of state the findings and decree of the court incorporating the district; added the title of the section; in the first sentence, after "transmit to the", deleted "state corporation commission" and added "secretary of state"'; in the second sentence, after "filed in the office of the", deleted "state corporation commission" and added "secretary of state"; and in the fourth sentence, at the beginning of the sentence, deleted "state corporation commission" and added "secretary of state".
NM Stat § 73-1-14 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-14 - [Inclusion of additional lands after extension of basin boundaries.]

Where any artesian conservancy district has heretofore been formed, and due to the extension of the original boundaries of the artesian basin by order of the state engineer, the boundaries of the artesian conservancy district no longer include all lands overlying such artesian basin and the board of directors of such district shall determine by resolution that it is desirable that such lands, as are irrigated and within the boundaries of the said artesian basin as set by order of the state engineer effective January 31, 1950, shall be included in and subject to the district, such conservancy district may file a petition in the district court of the county wherein said district was originally formed in the same proceeding, praying that the decree providing for the formation of said district be amended so as to include such lands; provided, however, the petition shall be accompanied by a certificate of the state engineer, describing the designated boundaries of the said artesian basin. History: 1953 Comp., § 75-13-13.1, enacted by Laws 1957, ch. 208, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For authority of state engineer to measure waters of state, see 72-2-1 NMSA 1978. Use of water rights on other lands. — Water rights on state or federal land are appurtenant to said land; the right is initiated by lessee, and the license is issued in the name of lessee. These water rights may be transferred or moved off the land and used on other lands upon application of the owner of the license, with consent of the owner of the land. New Mexico and the federal government have consented to moving the water right from the leased land and recognize the water right as an improvement on the land, created by lessee. 1958 Op. Att'y Gen. No. 58-26.
NM Stat § 73-1-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-15 - [District court procedure; notice.]

Upon the filing of a petition as provided for in Section 1 [73-1-14 NMSA 1978] hereof, the district court having jurisdiction shall, by order, require notice to be published by the clerk of the court, at such time and places as the court may designate, giving notice to all landowners affected by the proposed change that a hearing will be had at a time and place designated in such notice, for the purpose of determining whether or not all of the lands described in the certificate of the state engineer filed with the said petition should be included in the artesian conservancy district, and the decree establishing the district amended accordingly. It shall not be necessary for the clerk to name the parties interested, nor to describe the separate lots, tracts or parcels of land affected in giving such notice, but it shall be sufficient to give such description of the lands proposed to be included as will enable the owner to determine whether or not his land is covered by such description. The notice shall state that any person affected by the proposed inclusion of such lands shall have the right to file objections thereto, on or before the date set for hearing. If, after hearing such objections, if any, and considering any evidence introduced in support thereof, the court finds that the said lands described in the petition should be included within the said artesian conservancy district, the court shall enter an order amending said decree, as prayed for in said petition, and thereupon said lands shall be included within the said conservancy district and shall be subject to the same rights, powers and authority as given by law to such artesian conservancy district over lands located within said district. History: 1953 Comp., § 75-13-13.2, enacted by Laws 1957, ch. 208, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-1-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-16 - [Directors; term of office; vacancies on board.]

The directors elected pursuant to such election code shall be elected for a term of six years each. Each director shall hold office for the term for which he was elected, and until his successor is duly appointed, or elected, and has qualified, except as hereinafter provided, being removable therefrom only for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized. Unless otherwise provided by the election code, vacancies shall be filled by appointment of the district court having jurisdiction. Upon the election of the first board of directors, the directors shall draw numbers by lot; numbers one (1) and two (2) shall serve two (2) years; numbers three (3) and four (4) shall serve four (4) years, and number five (5) six (6) years. History: Laws 1931, ch. 97, § 14; 1941 Comp., § 77-1314; 1953 Comp., § 75-13-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The election code referred to in this section is the one provided for in 73-1-13 NMSA 1978.
NM Stat § 73-1-17 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-17 - [Board of directors; oath of office; officers; seal; records; bylaws.]

As soon as practical after the election, the directors shall meet for the purpose of organizing the board of directors. Each director, before entering upon his official duties, shall take and subscribe to an oath before an officer authorized to administer oaths, that he will honestly, faithfully and impartially perform the duties of his office, and that he will not be interested, directly or indirectly, in any contract let by said district, which said oath shall be filed in the original court proceeding for the formation of the district. Upon taking the oath, the board shall choose one of their members chairman of the board and president of the district, and shall elect some suitable person secretary and treasurer of the board, who may, or may not, be a member of the board and shall require of the said secretary and treasurer a bond conditioned for the faithful performance of his duties, in such amount as to the directors may be deemed to be adequate for the protection of the district. Such board shall adopt a seal, and shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to the inspection of all owners of property in the district, as well as to all other interested parties. It shall adopt a set of bylaws not inconsistent with the provisions of this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978] for the conduct of the business and affairs of the district, and, when adopted, the same shall not be altered, amended or repealed except upon three (3) days' notice to each member of the board, service to be had by personal delivery or by mailing a copy of such notice in a sealed envelope, postage fully prepaid, to the address of the director to be served, or at a regular or called meeting at which all directors are present. History: Laws 1931, ch. 97, § 15; 1941 Comp., § 77-1315; 1953 Comp., § 75-13-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-1-18 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-18 - [Majority to constitute quorum; concurrence of majority.]

A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties shall be sufficient for its determination. History: Laws 1931, ch. 97, § 16; 1941 Comp., § 77-1316; 1953 Comp., § 75-13-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-1-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-19 - [Secretary; duties; board of directors; powers; expenses.]

The secretary shall be the custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal, all certified copies of the official records and files that may be required of him by this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978], or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity. The board of directors are hereby vested with full power and authority to do and perform every act and thing necessary to carry out, to all intents and purposes, the provisions of this act, purposes and objects for which the district is created, including the power to enter into contracts with, and engage all necessary agents and employees, and to fix their compensation and to require of any such employees bonds for the faithful performance of their duties, as to the directors may seem proper. The members of the board of directors shall receive no salary or other compensation, but shall be allowed their actual expenses incurred in performing their official duties, and not to exceed five ($5.00) dollars for each day's attendance at all regular or called meetings. History: Laws 1931, ch. 97, § 17; 1941 Comp., § 77-1317; 1953 Comp., § 75-13-17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. New user may not tap waters already appropriated. — Owner of well which taps waters of artesian basin or other underground waters whose supply has already been exhausted by prior appropriation acquires no right to use such waters as against a body of prior appropriators, even though his well is located outside boundaries of any previously defined underground stream or artesian basin. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490. Burdens of proof on new and old appropriators. — New appropriator must prove existence of surplus from which he can extract quantity of water he desires without injury to uses and requirements of those with prior rights, but prior appropriators must first prove the amount of water required by them for reasonable beneficial purposes. Pecos Valley Artesian Conservancy Dist. v. Peters, 1948-NMSC-022, 52 N.M. 148, 193 P.2d 418. Proper for board to act against excessive water user. — Excessive water use by individual landowner would constitute wasteful practice in derogation of best interests of entire conservancy district, presenting a proper subject for action by board of directors of district. 1952 Op. Att'y Gen. No. 52-5487. Section gives board adequate authority to employ engineer to survey lands within district. 1952 Op. Att'y Gen. No. 52-5487.
NM Stat § 73-1-20 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 1 - Artesian Conservancy Districts|Section 73-1-20 - [Program of water conservation; prevention of leaking wells.]

After the formation of any artesian conservancy district, it shall be the duty of the board of directors from year to year to outline a plan or program of water conservation and administration, and they shall make an estimate of the cost of administration, equipment and improvements necessary to carry out such program from year to year, when the cost thereof is to be paid by tax levies. In carrying out any such plan or program the board of directors shall have authority to cooperate with the state engineer and the United States geological survey, where such cooperation is offered. The program to be carried out and the improvements to be made and the equipment to be purchased shall be designed to accomplish the objects and purposes for which the district was created, and may include the plugging of all wells within the district found by tests to be materially leaking or wasting any waters included in the district. The directors may proceed to carry out the improvements so outlined in such manner as may be deemed for the best interest of all concerned, and may enter into any contracts or do or perform any act or thing necessary or advisable to carry out to all intents and purposes the objects and purposes for which the district was formed, and shall have the right of ingress and egress at all reasonable times to all wells within the district for the purpose of making leakage tests, and otherwise determining that such wells are properly equipped and are being used so as to conserve the waters included in the conservancy district. All wells included in the district found to be leaking or wasting such waters, are hereby declared to be a public nuisance, and the directors of the district and those under their authority shall have the right, power and authority to go upon the lands upon which any such well is located to abate such nuisance by plugging or repairing any such well. History: Laws 1931, ch. 97, § 18; 1941, ch. 98, § 4; 1941 Comp., § 77-1318; 1953 Comp., § 75-13-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For the office of the state engineer, see 72-2-1 NMSA 1978. Proper for board to act against excessive water user. — Excessive water use by individual landowner would constitute wasteful practice in derogation of best interests of entire conservancy district, presenting a proper subject for action by board of directors of district. 1952 Op. Att'y Gen. No. 52-5487. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 185.