reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 1 - Artesian Conservancy Districts › Section 73-1-22 - Assessment and collection; levy to be property lien; time of payment.

The levies herein provided for shall be made by resolution of the board of directors, and the amount thereof, together with the tax roll showing the property which the assessment and levy is to be made against, shall be certified by July 15 of each year to the board of county commissioners of the county or counties in which the district is situated and included in the next annual levy for state and county purposes. The amount shall be extended on the tax schedules for property taxation purposes and be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state, for the levy and collection of taxes for county purposes, except as herein modified, shall be applicable for the levy and collection of the amount certified by the board of such district, including the penalties and enforcement thereof, and forfeiture for delinquent taxes. Taxes levied against the property in the district, as herein provided, shall be a lien upon the same from the time of such levy, subject only to levies made for state and county purposes. All collections made by the county treasurers pursuant to such levies shall be paid to the treasurer of the district on or before the tenth day of the next succeeding calendar month, and a list of the payers, the amount paid by each and the property covered thereby shall accompany such remittance. Such statement of the list of the payers shall be made upon forms furnished to the treasurer by the directors of the district.
History:
Laws 1931, ch. 97, § 20; 1941 Comp., § 77-1320; 1953 Comp., § 75-13-20; Laws 1986, ch. 32, § 36.
ANNOTATIONS
Cross references.
— For laws regarding imposition, administration and enforcement of taxes,
see
7-37-1 to 7-37-7 and 7-38-1 to 7-38-93 NMSA 1978.
The 1986 amendment
added the section heading, inserted "by July 15 of each year" in the first sentence, substituted "tax schedules for property taxation purposes" for "tax rolls" in the second sentence and made minor stylistic changes.
Extent of tax exemption.
— Exemption from taxation is not applicable to an earthen dam for an irrigation system owned by a nonprofit corporation engaged in distributing water to its various shareholders.
Storrie Project Water Users Ass'n v. Gonzales
, 1949-NMSC-052, 53 N.M. 421, 209 P.2d 530.
Lands leased from state not taxable.
— Water rights on lands leased from state or United States are not subject to conservancy district tax; that assessment is levied against the land rather than the particular water right. 1958 Op. Att'y Gen. No. 58-26.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 1 - Artesian Conservancy Districts › Section 73-1-23 - [Loans in anticipation of taxes; repayment.]

The directors are hereby authorized to borrow money in anticipation of the proceeds from the collection of taxes to be derived from any uniform annual levy, and in such case the proceeds of all such taxes collected shall be applied to the repayment of such loan and to no other purpose, until the same be paid in full. The directors shall cause adequate annual tax levies to be made, as herein provided, until all obligations of the district are fully satisfied.
History:
Laws 1931, ch. 97, § 21; 1941 Comp., § 77-1321; 1953 Comp., § 75-13-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 1 - Artesian Conservancy Districts › Section 73-1-24 - [Underground waters.]

Wherever any artesian conservancy district has heretofore been organized or may hereafter be organized, under and pursuant to Chapter 97 of the New Mexico Session Laws of 1931 [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978], or amendments thereto, such conservancy district may be given the same rights, power and authority as to all underground waters within the boundaries of such conservancy district as have been or may hereafter be conferred upon such district by said legislative act, and amendments thereto, as to artesian waters; provided, however, the boundaries of such underground waters have been reasonably ascertained and the same, or a substantial portion thereof, have been beneficially appropriated for private, public, domestic or irrigation purposes and are subject to appropriation, as provided by Chapter 131 of the New Mexico Session Laws of 1931 [72-12-1 to 72-12-10 NMSA 1978], or amendments thereto, and provided further it is determined that said underground waters, or a substantial portion thereof, are derived from the artesian basin, or basins, included, or to be included in such district, and that the same are so closely related to such artesian waters that they can be effectively conserved by said district.
History:
Laws 1941, ch. 98, § 1; 1941 Comp., § 77-1322; 1953 Comp., § 75-13-22.
ANNOTATIONS
Bracketed 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. —
78 Am. Jur. 2d Waters §§ 89, 92, 151.
93 C.J.S. Waters §§ 89, 92.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 1 - Artesian Conservancy Districts › Section 73-1-26 - [Right of conservancy district to protest interference; appeal to district court.]

That any artesian conservancy district which has heretofore been organized, or may be hereafter organized, as provided by law, shall in addition to the powers granted to such districts have the right, power and authority to protest or object to any application made to the state engineer to appropriate any waters included within the boundaries of such conservancy district which may be subject to appropriation as provided by law, and to protest or object to any application to the state engineer to change the location of any well or to change the use of waters for any purpose other than that for which originally granted, where it is determined by resolution of the board of directors of such district that the granting of such proposed application would interfere with any existing water rights or program of such conservancy district for the conservation of the waters sought to be appropriated, and such district shall have the right to appeal to the district court from the decision of the state engineer within the time and manner provided by law for appeals from such decisions.
History:
Laws 1941, ch. 98, § 3; 1941 Comp., § 77-1324; 1953 Comp., § 75-13-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appropriation and changes in use of waters upon application to state engineer,
see
72-5-1 NMSA 1978.
For appeals to district court,
see
72-7-1 to 72-7-3 NMSA 1978.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
District has duty to participate in litigation affecting owners' rights.
— When vested water rights of owners of the district is in question, the district certainly has not only standing but a duty to participate in litigation affecting those rights.
State ex rel. Reynolds v. Lewis
, 1973-NMSC-035, 84 N.M. 768, 508 P.2d 577.
Section does not exclude suit regarding well drilled outside district.
— Though an artesian conservancy district has a legal remedy provided expressly by statute for opposing application for appropriation of waters made to the state engineer where appropriation is within the district, it is not precluded from seeking injunctive relief against use of water from a well which is drilled without such permit outside territorial boundaries of the district and which taps waters of the artesian basin that underlies the district.
Pecos Valley Artesian Conservancy Dist. v. Peters
, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 1 - Artesian Conservancy Districts › Section 73-1-27 - Carriage loss allowance established.

In addition to the duty of water for irrigation within any artesian conservancy district established under the provisions of Sections 73-1-1 through 73-1-26 NMSA 1978, there shall be, as a matter of right, an additional two acre-inches of water per year per acre-foot of an established water right to compensate for carriage loss between the point of appropriation and the point of beneficial use.
History:
1953 Comp., § 75-13-25, enacted by Laws 1971, ch. 53, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-2 - [Condemnation of lands.]

If the owner or owners of lands, where a new ditch for an acequia is to be made, should ask an exorbitant price as a compensation therefor, which shall not be satisfactory to the owner or owners of such acequia, it shall be the duty of the probate judge of the county in which it may occur, to appoint three skillful men of well-known honesty, to make an appraisement thereof and fix the compensation.
History:
Laws 1874, ch. 10, § 2; C.L. 1884, § 18; C.L. 1897, § 24; Laws 1903, ch. 44, § 3; Code 1915, § 5738; C.S. 1929, § 151-408; 1941 Comp., § 77-1402; 1953 Comp., § 75-14-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appraisal of land taken upon reconstruction of ditch,
see
73-2-57 to 73-2-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
26 Am. Jur. 2d Eminent Domain §§ 77, 202, 206.
Exercise of eminent domain by private owner for purpose of irrigating land, 9 A.L.R. 583, 27 A.L.R. 519.
Eminent domain for irrigation, combination of public and private uses or purposes, 53 A.L.R. 19.
28 C.J.S. Drains § 79 et seq.; 29A C.J.S. Eminent Domain § 286.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-3 - [Taking of lands for construction.]

In case a community of people desire to construct a ditch or acequia in any part of the state, and the constructors are the owners of all the land upon which said ditch or acequia is constructed, in such case no one shall be bound to pay for said land, as all the persons interested in the construction of said ditch or acequia are to be benefited by it.
History:
Laws 1851-1852, p. 189, § 7; C.L. 1865, ch. 1, § 7; C.L. 1884, § 4; C.L. 1897, § 4; Code 1915, § 5736; C.S. 1929, § 151-406; 1941 Comp., § 77-1403; 1953 Comp., § 75-14-3.
ANNOTATIONS
Bracketed 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 § 339.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-4 - [Preference right for irrigation; obstruction.]

No inhabitant of this state shall have the right to construct any building of the impediment of the irrigation of lands or fields, such as mills or any other property that may obstruct the course of the water; as the irrigation of the fields should be preferable to all others.
History:
Laws 1851-1852, p. 189, § 2; C.L. 1865, ch. 1, § 2; C.L. 1884, § 1; C.L. 1897, § 1; Code 1915, § 5734; C.S. 1929, § 151-404; 1941 Comp., § 77-1404; 1953 Comp., § 75-14-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For penalty for obstructing use of water,
see
72-8-3 NMSA 1978.
City may not condemn community acequia for use as street.
— City may not condemn community acequia in actual use for conducting water for irrigation of lands, for use as a street or for widening a street.
City of Albuquerque v. Garcia
, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.
Equitable relief not always warranted.
— Unlawful diversion of water from community acequia or naked trespass unaccompanied with great or irreparable damage or mischief will not warrant equitable relief.
La Mesa Cmty. Ditch v. Appelzoeller
, 1914-NMSC-033, 19 N.M. 75, 140 P. 1051.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 33.
28 C.J.S. Drains § 78.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-6 - [Ancient ditches protected.]

The course of ditches or acequias established prior to July 20, 1851, shall not be disturbed.
History:
Laws 1851-1852, p. 189, § 8; C.L. 1865, ch. 1, § 8; C.L. 1884, § 5; C.L. 1897, § 5; Code 1915, § 5732; C.S. 1929, § 151-402; 1941 Comp., § 77-1406; 1953 Comp., § 75-14-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Intent of section.
— Section was enacted primarily for protection of ditches from outside trespassers, it was intended as a guarantee against destruction or disturbance of ditches then in existence.
Candelaria v. Vallejos
, 1905-NMSC-019, 13 N.M. 146, 81 P. 589.
Section has no application to ditches constructed after its enactment.
Candelaria v. Vallejos
, 1905-NMSC-019, 13 N.M. 146, 81 P. 589.
Section prohibits changing course or combining ditches.
— Commissioners (
see
Section 73-2-12 NMSA 1978) have no power to change the course of a ditch, or combine two, if the ditches were established prior to 1851. 1930 Op. Att'y Gen. No. 30-115.
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas,"
see
11 Nat. Resources J. 48 (1971).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-8 - [Management of ditches crossing county line.]

Where any acequia or ditch, public or private, passes from within the limits of any one county, to within the lines of any other county, such acequias or ditches within the proper precincts of their respective counties shall be under the exclusive control and management of the officers of such precincts and counties.
History:
Laws 1882, ch. 30, § 2; C.L. 1884, § 16; C.L. 1897, § 22; Code 1915, § 5752; C.S. 1929, § 151-422; 1941 Comp., § 77-1408; 1953 Comp., § 75-14-8.
ANNOTATIONS
Bracketed 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. —
77 Am. Jur. 2d Venue § 18.
28 C.J.S. Drains § 9.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-9 - [Acequias declared public.]

All rivers and streams of water in this state, known prior to January 7, 1852, as public ditches or acequias, are established and declared to be public ditches or acequias.
History:
Laws 1851-1852, p. 277, § 1; C.L. 1865, ch. 1, § 9; C.L. 1884, § 6; C.L. 1897, § 6; Code 1915, § 5731; C.S. 1929, § 151-401; 1941 Comp., § 77-1409; 1953 Comp., § 75-14-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provision that natural waters are public waters,
see
72-1-1 NMSA 1978.
Section has no application to stream like the Rio Grande,
but refers to ditches or natural watercourses used as acequias that have become subjected to ownership, and upon which labor is expended for appropriation and irrigation.
Albuquerque Land & Irrigation Co. v. Gutierrez
, 1900-NMSC-017, 10 N.M. 177, 61 P. 357,
aff'd
, 188 U.S. 545, 23 S. Ct. 338, 47 L. Ed. 588 (1903).
State legislation may not destroy United States' riparian rights.
— In the absence of specific authority from congress, a state cannot by legislation destroy the right of the United States, as owner of lands bordering on a stream, to the continued flow of its waters.
United States v. Rio Grande Dam & Irrigation Co.
, 174 U.S. 690, 19 S. Ct. 770, 43 L. Ed. 1136 (1899).
Community acequias are public acequias
within the meaning of this section.
State ex rel. Black v. Aztec Ditch Co.
, 1919-NMSC-057, 25 N.M. 590, 185 P. 549.
Community bylaw cannot contravene section.
— Members of a community ditch system cannot adopt a bylaw in contravention of statute.
State ex rel. Black v. Aztec Ditch Co.
, 1919-NMSC-057, 25 N.M. 590, 185 P. 549.
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas,"
see
11 Nat. Resources J. 48 (1971).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-10 - [Ownership of plants on banks.]

All plants of any description growing on the banks of said ditches, or acequias, shall belong to the owners of the land through which said ditches or acequias run.
History:
Laws 1851-1852, p. 277, § 16; C.L. 1865, ch. 1, § 24; C.L. 1884, § 11; C.L. 1897, § 17; Code 1915, § 5745; C.S. 1929, § 151-415; 1941 Comp., § 77-1410; 1953 Comp., § 75-14-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
No right to forage.
— The law of the State of New Mexico does not recognize a limited forage right implicit in a right of way for the maintenance and enjoyment of a vested water right.
Walker v. United States
, 2007-NMSC-038, 142 N.M. 45, 162 P.3d 882.
Acequia as boundary.
— Description in a written instrument calling for acequia as a boundary carries title to the center of the acequia.
Tagliaferri v. Grande
, 1911-NMSC-052, 16 N.M. 486, 120 P. 730.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-12 - Officers, election, bonds and vacancies in certain counties.

The officers of such community ditches or acequias shall consist of three commissioners and one mayordomo or superintendent, each of whom shall be the owner of an interest in the ditch or the water therein. The officers shall be elected biennially on the first Monday of December of the odd numbered years and shall assume the duties of their office not later than the first Monday of the following January. On or before the first Monday of January, the commissioners shall organize by election of one of their number as chairman, another as secretary and another as treasurer. The treasurer shall be required to give a bond to the state in a sum to be fixed by the commissioners. The mayordomo shall also be required to give a bond to the state in a sum to be fixed by the commissioners. The condition of the bonds [is] to be for the accounting of all money coming into their hands by virtue of their offices and for the faithful performance of their respective duties. In the event of a vacancy in the office of mayordomo, the commissioners shall have power to appoint a mayordomo or superintendent to hold office until his successor is elected and qualified.
History:
Laws 1895, ch. 1, § 2; C.L. 1897, § 9; Code 1915, § 5746; C.S. 1929, § 151-416; 1941 Comp., § 77-1412; 1953 Comp., § 75-14-12; Laws 1987, ch. 64, § 1.
ANNOTATIONS
Cross references.
— For special provisions governing acequias in certain counties,
see
73-3-1 to 73-3-11 NMSA 1978.
The 1987 amendment,
effective June 19, 1987, added the present catchline; divided the former first sentence into two sentences; in the present second sentence, substituted "biennially" for "annually" and inserted "of the odd numbered years" following "December"; deleted "as herein before provided" from the end of the last sentence; and made minor stylistic changes.
Officers not elected according to law not de jure.
— Officers of community ditches or acequias become such only by strict compliance by members of the community with the law which provides for election of such officers. If pretended officers are elected in a way or manner not authorized by law, such officers do not become de jure officers of the statutory corporation.
State ex rel. Cmty. Ditches v. Tularosa Cmty. Ditch
, 1914-NMSC-069, 19 N.M. 352, 143 P. 207.
Mayordomo officer of political subdivision for social security purposes.
— Mayordomo of a community ditch association is considered an officer of a political subdivision of the state for social security coverage purposes. 1970 Op. Att'y Gen. No. 70-46.
Mayordomo's official capacity should not be questioned for lack of bond.
1916 Op. Att'y Gen. No. 16-1790.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-13 - [Vacancies in office of commissioner.]

In case a vacancy shall occur among the commissioners of any community ditch or acequia, by death, resignation or otherwise, the remaining commissioners or commissioner shall fill such vacancy by appointment, and those appointed shall hold their offices until their successors are regularly elected and qualified.
History:
Laws 1919, ch. 116, § 1; C.S. 1929, § 151-502; 1941 Comp., § 77-1413; 1953 Comp., § 75-14-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For vacancies in certain counties,
see
73-3-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-15 - [Failure to hold election; calling of special election.]

In case no election shall be held of commissioners of any community ditch or acequia on the first Monday of December as provided by law, the commissioners holding office during the preceding year shall call and hold an election as soon as practicable thereafter, and give at least five days notice thereof by posting not less than six notices on the line of said ditch or acequia, stating the place and time of the election; said election to be conducted in the manner provided for the regular annual elections, and under existing provisions of law relative to such elections and the votes thereat. In case the commissioners shall refuse or neglect to call and hold said elections within a reasonable time, any three or more of those entitled to vote thereat may call such election and hold the same in the manner and under the provisions aforesaid, and the three persons receiving the highest number of votes at such election shall be the commissioners of the said ditch or acequia until their successors are regularly elected and qualified.
History:
Laws 1919, ch. 116, § 2; C.S. 1929, § 151-503; 1941 Comp., § 77-1415; 1953 Comp., § 75-14-15.
ANNOTATIONS
Cross references.
— For elections in certain counties,
see
73-3-3 NMSA 1978.
For publication in lieu of posting,
see
14-11-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-16 - [Disqualifications.]

It shall be prohibited to elect or appoint as mayordomo of acequias or public road supervisor all persons of ill-health, of a notable malady, or who are demented or of unsound mind or who are lame either in one leg or both or one arm or both, and furthermore all persons who are exempted by law from paying road taxes.
History:
Laws 1891, ch. 90, § 1; C.L. 1897, § 50; Code 1915, § 5747; C.S. 1929, § 151-417; 1941 Comp., § 77-1416; 1953 Comp., § 75-14-16.
ANNOTATIONS
Cross references.
— For elections in certain counties,
see
73-3-3 NMSA 1978.
Compiler's notes.
— The office of road supervisor was abolished by Laws 1912, ch. 54, § 9, and the latest law levying a road tax was repealed by Laws 1927, ch. 44, § 1. The present position of road supervisor, provided for in 67-4-5 NMSA 1978, was created by Laws 1921, ch. 135, § 3.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-17 - [Disqualifications.]

All appointments made in conflict with the preceding section [73-2-16 NMSA 1978] are hereby declared void and of no effect.
History:
Laws 1891, ch. 90, § 2; C.L. 1897, § 51; Code 1915, § 5748; C.S. 1929, § 151-418; 1941 Comp., § 77-1417; 1953 Comp., § 75-14-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. "Preceding section" referred to § 5747, Code of 1915, now compiled as 73-2-16 NMSA 1978.
Cross references.
— For elections in certain counties,
see
73-3-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-18 - [Pay of mayordomo.]

The pay and other perquisites of the mayordomos shall be determined by a majority of the owners of the land irrigated by said ditch or acequia.
History:
Laws 1851-1852, p. 277, § 4; C.L. 1865, ch. 1, § 12; C.L. 1884, § 29; C.L. 1897, § 31; Code 1915, § 5749; C.S. 1929, § 151-419; 1941 Comp., § 77-1418; 1953 Comp., § 75-14-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For compensation of mayordomo in certain counties,
see
73-3-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-19 - [Mayordomo; not to lease lands.]

It shall be unlawful for any mayordomo or mayordomos of acequias, to take on shares, care for, or rent or lease any lands, lots or alfalfa fields under irrigation within the ditches for which they are mayordomos, during the time that they are said mayordomos, besides those lands actually belonging to them as their own property or that of their wives.
History:
Laws 1899, ch. 73, § 1; Code 1915, § 5750; C.S. 1929, § 151-420; 1941 Comp., § 77-1419; 1953 Comp., § 75-14-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-20 - [Mayordomo not to lease lands; penalty.]

Any violation of the preceding section [73-2-19 NMSA 1978] shall be considered a misdemeanor, and be punishable upon conviction by imprisonment in the county jail for not less than thirty days nor more than six months, or by a fine of not less than $25.00 nor more than $100 or both, at the discretion of the court.
History:
Laws 1899, ch. 73, § 2; Code 1915, § 5751; C.S. 1929, § 151-421; 1941 Comp., § 77-1420; 1953 Comp., § 75-14-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. "Preceding section" refers to § 5750, Code of 1915, now compiled as 73-20-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-22 - [Acequia and community ditch associations; borrowing money; contracting indebtedness; security for payment.]

All acequia and community ditch associations are authorized to borrow money and otherwise contract indebtedness for the purposes of the district and, without limitation of the generality of the foregoing, to borrow money and accept grants from the United States, or from any corporation or agency created or designated by the United States, and, in connection with any such loan or grant, to enter into agreements as the United States or such corporation or agency may require, and to issue its notes or obligations therefor, and to secure the payment thereof by mortgage, pledge or deed of trust covering any of its property, assets, rights, privileges, licenses, rights-of-way, easements, revenues, income and assessments.
History:
1953 Comp., § 75-14-21.1, enacted by Laws 1965, ch. 183, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Borrowing power necessarily implied.
— Borrowing of funds by a community ditch to improve, rehabilitate or extend its facilities for irrigation is necessarily implied from the powers granted to it. 1964 Op. Att'y Gen. No. 64-95 (opinion rendered before enactment of this section).
Law reviews.
— For article, "New Mexico Water Law: An Overview and Discussion of Current Issues,"
see
22 Nat. Resources J. 1045 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53 Am. Jur. 2d Mechanics' Liens §§ 56, 115.
28 C.J.S. Drains §§ 6, 79; 94 C.J.S. Waters § 339.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-22.1 - Acequia and community ditch associations; additional powers; water rights acquisition; nonforfeiture.

A. Any acequia or community ditch association has the power to acquire and hold property and water rights and transfer and use the property and water rights so acquired pursuant to law.
B. The rights of an acequia or community ditch association to the waters of the acequia or association or their use or the lands and property owned by the acequia or association shall not be lost by the acequia or community ditch association by prescription or adverse possession or for nonuse of waters except as provided in Section 72-5-28 NMSA 1978.
History:
1978 Comp., § 73-2-22.1, enacted by Laws 1987, ch. 352, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-23 - [Reimbursement of commissioner's expenses.]

The commissioner of each acequia shall be entitled to actual expenses incurred while in the performance of their [his] duties. Provided that the maximum rates which may be allowed for travel by privately owned conveyances shall be eight (8) cents per mile and provided further that if more than one commissioner shall travel in the same privately owned conveyances such mileage shall be charged but once.
History:
1941 Comp., § 77-1421a, enacted by Laws 1945, ch. 46, § 1; 1953 Comp., § 75-14-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Attorney fees.
— Where defendants installed a new headgate on the association's acequia system without obtaining the approval of the association or the mayordomo; the mayordomo and a commissioner on behalf of the association obtained a temporary restraining order prohibiting defendants from continuing work on the ditch; and the district court awarded the association attorney fees, the award of attorney fees was not authorized by 73-2-23 or 73-2-64 NMSA 1978.
Parkview Cmty. Ditch Ass'n v. Peper
, 2014-NMCA-049.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-24 - [Maximum charge in lieu of fatigue work; excepted counties.]

That hereafter in this state the commissioners of community ditches when receiving money in lieu of fatigue work or tasks, shall not fix the price of such work or task at a greater rate than one dollar and fifty cents ($1.50) per day, for one person's labor, nor at a greater rate than three dollars ($3.00) per wagon, scraper or plow with team of horses and man per day, when that sort of work is called for. This act [this section] shall not apply to the counties of San Miguel, Torrance, Lincoln, Otero, Taos, Rio Arriba and Quay.
History:
Laws 1921, ch. 111, § 1; C.S. 1929, § 151-464; 1941 Comp., § 77-1422; 1953 Comp., § 75-14-23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1921, ch. 111, contained only three sections: Section 1 was the substantive provision (this section), Section 2 repealed all conflicting provisions and Section 3 declared an emergency.