reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-34 - [Powers of district treasurer; delinquent taxes.]

That whenever any such irrigation district shall take over the levy, assessment and collection of the taxes of such district, the treasurer of such district shall have all the powers and be charged with all the duties, with reference to the collection of delinquent taxes of such district as are imposed by law on the county treasurer, with reference to the collection of state and county taxes, and that the provision by law regarding the collection of delinquent state and county taxes by suit, judgment, issuance and sale of tax sale certificates and tax deeds, or otherwise, shall be applicable to collection of delinquent taxes of such district; provided, however, that any tax sale certificate or tax deed, issued by the treasurer of such district shall be issued, subject to state, county and municipal taxes.
History:
Laws 1929, ch. 88, § 1; C.S. 1929, § 73-411; Laws 1933, ch. 121, § 3; 1941 Comp., § 77-2535; 1953 Comp., § 75-26-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For application of section,
see
compiler's notes to 73-13-24 NMSA 1978.
For collection of delinquent taxes and sales in districts cooperating with federal reclamation laws,
see
73-11-40 to 73-11-48 NMSA 1978.
For collection of and sale for delinquent taxes,
see
7-38-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-36 - [County treasurer to turn over funds to district treasurer upon appointment.]

Immediately upon the appointment and qualification of the treasurer, the county treasurer and ex-officio district treasurer shall turn over to the treasurer all funds of the district and take proper receipts therefor.
History:
Laws 1927, ch. 129, § 13; C.S. 1929, § 73-413; 1941 Comp., § 77-2537; 1953 Comp., § 75-26-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For application of section,
see
compiler's notes to 73-13-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-37 - [Criminal liability of assessor-collector and treasurer.]

The assessor-collector and treasurer of such district shall be liable for indictment and criminal prosecution for malfeasance, misfeasance or failure to perform any duty herein prescribed, as provided by law in cases of county treasurers.
History:
Laws 1927, ch. 129, § 14; C.S. 1929, § 73-414; 1941 Comp., § 77-2538; 1953 Comp., § 75-26-37.
ANNOTATIONS
Effective dates.
— Laws 1927, ch. 129, contained no effective date provision, but was enacted at a session which adjourned March 12, 1927.
See
N.M. Const., art. IV, § 23.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For application of section,
see
compiler's notes to 73-13-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-38 - [Insolvency of municipal irrigation districts; appointment of receiver.]

That whenever any municipal irrigation district shall become insolvent and unable to pay its debts, the district court may, at the suit of its board of directors, appoint a receiver for such municipal irrigation district, to operate the same under the court's directions, for the purpose of conducting the affairs of such irrigation district.
History:
Laws 1931, ch. 55, § 1; 1941 Comp., § 77-2539; 1953 Comp., § 75-26-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appointment of receivers,
see
Rule 1-066 NMRA.
For the Receivership Act,
see
44-8-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-39 - [Powers of receiver of municipal district.]

Whenever any receiver is appointed, as provided in the preceding section [73-13-38 NMSA 1978], he shall enter into such bond as the court may fix, and he shall have the same powers and authority heretofore exercised by the board of directors of such irrigation district, and such additional powers as a court of equity may or can grant.
History:
Laws 1931, ch. 55, § 2; 1941 Comp., § 77-2540; 1953 Comp., § 75-26-39.
ANNOTATIONS
Effective dates.
— Laws 1931, ch. 55, contained no effective date provision, but was enacted at a session which adjourned on March 14, 1931.
See
N.M. Const., art. IV, § 23.
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 13 - General Provisions Relating to Irrigation Districts › Section 73-13-40 - [Powers of receivers of irrigation districts; limitation on power.]

That whenever any irrigation district has been placed in the hands of a receiver by order of court, such receiver shall be vested with all powers and authority which, in the absence of such receivership, would be vested in the board of directors of such district; provided, however, that in all cases where, in the absence of such receivership, a formal resolution of the board of directors of such district would be necessary for the exercise of some power or authority or the accomplishment of some purpose, such receiver shall only exercise such power or authority or accomplish such purpose when authorized so to do by order of the court in which such receivership proceedings are pending.
History:
Laws 1933, ch. 180, § 1; 1941 Comp., § 77-2541; 1953 Comp., § 75-26-40.
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 13 - General Provisions Relating to Irrigation Districts › Section 73-13-41 - [Powers upon order of court; effect of action.]

That upon order of the court in which any such receivership is pending, the receiver of any irrigation district may execute, on behalf of such district, any contract, conveyance, bond, debenture or other instrument which the board of directors of such district might or could have executed in its behalf in the absence of such receivership and may take any other action in connection with the affairs of such district which such board of directors might or could take in the absence of such receivership, and that any and all such action so taken or instruments so executed by such receiver shall, in all respects, have the same force and effect and be binding upon such district in the same manner and to the same extent as if such action had been taken or said instruments had been executed by or under the authority of the board of directors or other appropriate officer or officers of such district in the absence of such receivership.
History:
Laws 1933, ch. 180, § 2; 1941 Comp., § 77-2542; 1953 Comp., § 75-26-41.
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 13 - General Provisions Relating to Irrigation Districts › Section 73-13-42 - [Additional powers.]

That in addition to the power and authority specified in Paragraphs [Sections] one and two hereof [73-13-40, 73-13-41 NMSA 1978], all such receivers shall have further powers and authority as the court in which such proceedings are pending may or can grant.
History:
Laws 1933, ch. 180, § 3; 1941 Comp., § 77-2543; 1953 Comp., § 75-26-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the Receivership Act,
see
44-8-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-43 - [Validating law; definitions.]

The following terms, whenever used or referred to in this act [73-13-43 to 73-13-46 NMSA 1978], shall have the following meaning unless a different meaning clearly appears from the context:
A. the term "irrigation law" shall mean Chapter 20 of the Session Laws of 1919, Chapter 41 of the Session Laws of 1919 and Chapter 76 of the Sessions Laws of 1929, and acts amendatory thereof, and Chapter 73 of the 1929 Compiled Statutes Annotated of New Mexico, as amended;
B. the term "irrigation district" shall mean and include every irrigation district created, established or organized, or purporting to have been created, established or organized under the provisions of the irrigation law;
C. the term "directors" shall mean and include every board of directors or other governing body of any irrigation district, created, established or organized, or purporting to have been created, established or organized under the provisions of the irrigation law.
History:
Laws 1934 (S.S.), ch. 9, § 1; 1941 Comp., § 77-2544; 1953 Comp., § 75-26-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For Laws 1919, ch. 20,
see
compiler's note following 73-11-1 NMSA 1978. For Laws 1919, ch. 41,
see
compiler's notes following 73-10-1 and 73-9-1 NMSA 1978. For Laws 1929, ch. 76,
see
73-12-1 to 73-12-57 NMSA 1978. For Comp. Stat. 1929, ch. 73, which included other provisions in addition to Laws 1919, ch. 20, Laws 1919, ch. 41 and Laws 1929, ch. 76,
see
73-9-1 to 73-9-6, 73-9-8, 73-9-10 to 73-9-62, 73-10-1 to 73-10-6, 73-10-8 to 73-10-12, 73-10-14 to 73-10-45, 73-11-1 to 73-11-10, 73-11-12 to 73-11-17, 73-11-19 to 73-11-36, 73-11-49 to 73-11-54, 73-12-1 to 73-12-57, 73-13-3, 73-13-4, 73-13-6, 73-13-7, 73-13-19 to 73-13-37 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-44 - [Establishment and proceedings of districts validated.]

That the creation, establishment and organization of irrigation districts, or purported creation, purported establishment and purported organization under the provisions of the irrigation law, together with all notices, proceedings, acts and deeds done and performed with reference thereto, be and the same are hereby validated, ratified, confirmed, approved and declared legal in all respects, and that the aforesaid irrigation districts are hereby created, established and organized and continued bodies corporate and politic, and shall include and be comprised, as if the metes and bounds thereof were set forth herein, of the lands originally included in each irrigation district as defined and established by the board of county commissioners of the proper county under the provisions of the irrigation law, and any other lands included or purporting to have been included in such district, by the directors thereof by proceedings as provided by the irrigation law, excepting only such lands as may have been excluded or purporting to have been excluded from such district, by the directors thereof by proceedings as provided by the irrigation law; provided, that nothing herein contained shall be so construed as to hereafter prevent any lands from being excluded from or included in such district by the directors in accordance with the procedure now or hereafter provided by the irrigation law; and any and all proceedings heretofore had by the board of directors of any such irrigation district intended for the purpose of excluding from or including within such district or districts, any lands, are hereby validated, ratified, confirmed, approved and declared legal in all respects.
History:
Laws 1934 (S.S.), ch. 9, § 2; 1941 Comp., § 77-2545; 1953 Comp., § 75-26-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For meaning of "irrigation law,"
see
73-13-43 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 58 to 61.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-45 - [Elections and appointments of officers and employees validated.]

That all elections of directors of said irrigation districts held or purporting to be held under the provisions of the irrigation law and all appointments of officers, employees and agents of irrigation districts made or purported to have been made by the directors of such irrigation district, be, and the same hereby are validated, ratified, confirmed, approved and declared legal in all respects, and the said directors, officers, employees and agents are hereby declared to be the duly qualified directors, officers, employees and agents of the said irrigation districts with the rights, powers and duties granted unto them by the laws of this state or conferred upon them by the directors of such district, with like effect as though at the time or times said acts and proceedings, elections and appointments were done or had, there existed de jure irrigation districts and statutory authority for the doing thereof.
History:
Laws 1934 (S.S.), ch. 9, § 3; 1941 Comp., § 77-2546; 1953 Comp., § 75-26-45.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For meaning of "irrigation law,"
see
73-13-43 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 61.
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-46 - [Unissued bonds; elections validated.]

That all elections in said irrigation districts authorizing or purporting to authorize the issuance of bonds of said irrigation districts which have not been delivered and paid for prior to the date this act [73-13-43 to 73-13-46 NMSA 1978] shall become effective, be, and the same hereby are validated, ratified, confirmed, approved and declared legal and still effective in all respects. Upon resolution adopted by a majority of the members of the board of directors of such irrigation districts, all such authorized and unissued bonds may be issued, sold, executed and delivered by the directors notwithstanding any discrepancies or irregularities which may have occurred in the proceedings relating to the holding of such elections or in the length of time, not exceeding twenty years, which may have occurred from the date of the holding of such elections or purported elections to the date of the passage of such resolution, any laws of this state to the contrary notwithstanding.
History:
Laws 1934 (S.S.), ch. 9, § 4; 1941 Comp., § 77-2547; 1953 Comp., § 75-26-46.
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. —
45 Am. Jur. 2d Irrigation § 67.
94 C.J.S. Waters § 322.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 13 - General Provisions Relating to Irrigation Districts › Section 73-13-47 - Irrigation districts; regulations; recreational use of reservoirs.

Whenever an irrigation district impounds waters on lands leased from or with consent of a state or federal agency, the irrigation district may adopt regulations in conformance with the existing state laws that provide for public safety, environmental protection and restricted use provisions relating to the use of the surface waters for recreational purposes.
History:
Laws 1987, ch. 325, § 1.
ANNOTATIONS
Effective dates.
— Laws 1987, ch. 325 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 1987.
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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-2 - Application.

This act shall be construed as applying to districts organized for the purpose of providing and maintaining flood protection, river control, drainage, water storage for supplementing irrigation needs, constructing and maintaining distribution systems for irrigation; and other improvements for public health, safety, convenience and welfare either in cooperation with the United States government or any department thereof under federal laws, or to districts organized for the purpose of making such improvements under the powers in this act contained; but the provisions hereof shall not apply to or affect irrigation or drainage districts heretofore organized under any other laws of this state.
History:
Laws 1927, ch. 45, § 102; C.S. 1929, § 30-102; 1941 Comp., § 77-2702; 1953 Comp., § 75-28-2.
ANNOTATIONS
Compiler's notes.
— For meaning of "this act",
see
compiler's notes to 73-14-1 NMSA 1978 and 73-14-3 NMSA 1978..
Reorganization of prior existing conservancy district unnecessary.
— A conservancy district organized under Laws 1923, ch. 140 (repealed), with incidental power to promote irrigation did not require reorganization after enactment of Laws 1972, ch. 45 (Sections 73-14-1 to 73-14-8, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978), conferring upon it power to pursue irrigation as a primary object.
Gutierrez v. Middle Rio Grande Conservancy Dist.
, 1929-NMSC-071, 34 N.M. 346, 282 P. 1, cert. denied, 280 U.S. 610, 50 S. Ct. 158, 74 L. Ed. 653 (1930).
Conservancy district may be organized for irrigation of lands,
though they are not menaced by floods.
Cater v. Sunshine Valley Conservancy Dist.
, 1928-NMSC-061, 33 N.M. 583, 274 P. 52.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-6 - Bond of petitioners.

At the time of filing the petition, or at any time subsequent thereto and prior to the time of the hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all the expneses [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 1927, ch. 45, § 203; C.S. 1929, § 30-203; 1941 Comp., § 77-2706; 1953 Comp., § 75-28-6.
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 § 319(2).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-7 - Notice of hearing on petition.

A. Immediately after the filinig [filing] of such petition the court shall by order fix a place and time, not less than ninety (90) days after the petition is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication (Schedule Form I) [73-17-24 NMSA 1978] 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 territory 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.
B. It shall not be necessary for said clerk to name the parties interested, nor to describe separate lots or tracts of land in giving said notice, but it shall be sufficient to give such descriptions as will enable the owner to determine whether or not his land is covered by such description.
History:
Laws 1927, ch. 45, § 204; C.S. 1929, § 30-204; 1941 Comp., § 77-2707; 1953 Comp., § 75-28-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For short form of notice,
see
73-17-19 NMSA 1978.
For legal newspapers,
see
14-11-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319(2).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-8 - Protesting petitions and hearing on petitions.

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 case without unnecessary delay.
History:
Laws 1927, ch. 45, § 205; C.S. 1929, § 30-205; 1941 Comp., § 77-2708; 1953 Comp., § 75-28-8.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-10 - Notice of election; publication.

Upon entry of the order of the court, the board of county commissioners of any county within which the proposed district lies, shall cause to be published a notice of the election in a newspaper of general circulation in the proposed conservancy district, at least once a week for three consecutive weeks.
History:
1953 Comp., § 75-28-8.2, enacted by Laws 1965, ch. 76, § 2.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-11 - Form of ballot.

The form of the ballots for the creation of the conservancy district shall be printed and appear in substantially the following form:
"BALLOT
On the question of the formation of __________ Conservancy District.
(Place "X" in one of the boxes below)
For the creation of the conservancy district [ ]
Against the creation of the conservancy district [ ]."
History:
1953 Comp., § 75-28-8.3, enacted by Laws 1965, ch. 76, § 3.
ANNOTATIONS
Paper ballot safest route.
— The use of paper ballots in accordance with Sections 73-14-63 and 73-14-64 NMSA 1978 would appear to be the safest route to follow in conducting the conservancy district election. Such ballots could be handed to qualified electors who could mark the ballots in the same booths as contain the voting machines used in the city elections and after leaving the booth, drop such ballots into a separate ballot box provided for that purpose. 1959 Op. Att'y Gen. No. 59-136.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-12 - Conduct of election.

A. The election on the issue of whether the proposed conservancy district will be created shall be conducted and canvassed in the same manner in the territory of the proposed district as elections for municipal school board members are carried out. Only persons who are qualified electors and landowners of the district shall be eligible to vote in the election.
B. The cost of conducting the election within each county in which the district is proposed shall be borne by that county.
C. Election officials shall count the votes cast and as soon as all the ballots have been counted, they shall certify the total number of votes cast and the number cast for the creation of the district and the number cast against the creation of the district within the territory of the proposed district.
D. The results of the election after being canvassed shall be certified to the court by the board of county commissioners.
History:
1953 Comp., § 75-28-8.4, enacted by Laws 1965, ch. 76, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319(2).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-13 - Declaration of organization.

A. The court, upon receipt of the certified results of the election that a majority of the persons voting have voted in favor of creating the district, shall declare the district organized.
B. Thereupon, the district shall be a political subdivision of the state and a body corporate with all the powers of a public or municipal corporation. The district shall have power to sue and be sued, to incur debts, liabilities and obligations, to exercise the right of eminent domain and of taxation and assessment as provided in the Conservancy Act of New Mexico, to issue negotiable bonds, and to perform all acts necessary and proper for carrying out the purposes for which the district was created and for exercising the powers with which it is invested.
C. In its declaration, the court shall designate where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district, if practicable, and which may be changed by order of the court. The regular meetings of the board of directors shall be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established.
History:
1953 Comp., § 75-28-9, enacted by Laws 1965, ch. 76, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1965, ch. 76, § 5, repeals 75-28-9, 1953 Comp., relating to declaration of organization of district, nature of district and contents of decree, and enacts the above section.
Compiler's notes.
— For the meaning of "Conservancy Act",
see
compiler's notes to 73-14-1 NMSA 1978.
Cross references.
— For form of decree,
see
Form II under 73-17-24 NMSA 1978.
Free license plates.
— The middle Rio Grande conservancy district is a political subdivision of state and body corporate and is entitled to free license plates for its cars and trucks. 1932 Op. Att'y. Gen. No. 32-483 (rendered under former law).
Reports to be filed.
— Conservancy districts are public bodies of the state and are required to file reports with the state comptroller (now state auditor). 1937 Op. Att'y Gen. No. 37-1784 (rendered under former law).
Granting of easements.
— The state tax commission (now property tax division of taxation and revenue department) may grant easements for public purposes over tax deeded lands to the middle Rio Grande conservancy district. 1960 Op. Att'y Gen. No. 60-81 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319(2).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-14 - Application of election law.

Sections 73-14-9 through 73-14-13 NMSA 1978 shall not be construed as applying to any conservancy district organized for the purpose of providing and maintaining for surface waters: flood protection, river control, drainage, water storage for supplementing irrigation needs, constructing and maintaining distribution systems for irrigation and other improvements for public health and safety.
History:
1953 Comp., § 75-28-9.1, enacted by Laws 1971, ch. 201, § 1.
ANNOTATIONS
Powers not to be expanded beyond language.
— Formation of a water conservancy district is a statutory proceeding and the powers conferred may not be expanded by inference or construction beyond the language of the statute.
Rancho Del Rio Grande Conservancy Dist. v. Tres Rios Ass'n
, 1975-NMSC-024, 87 N.M. 482, 535 P.2d 1333.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-15 - Hearing; declaration of organization; nature of district; contents of decree.

A. In respect to conservancy districts involving surface waters, upon the hearing of the petitions as provided in Section 73-14-8 NMSA 1978, if it shall appear that a petition for the organization of a district has been signed and presented, as hereinbefore provided, and that the allegations of the petition are true, that the lands described in the petition substantially conform to the requirements of Subsection K of Section 73-14-5 NMSA 1978, and that no protesting petition has been filed, or if filed has been dismissed, the court shall, by order, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name by which in all proceedings it shall thereafter be known.
B. Thereupon the district shall be a political subdivision of the state of New Mexico and a body corporate with all the powers of a public or municipal corporation; shall have power to sue and be sued, to incur debts, liabilities and obligations, to exercise the right of eminent domain and of taxation and assessment as herein provided, to issue negotiable bonds and to do and perform all acts herein expressly authorized, and all acts necessary and proper for carrying out the purposes for which the district was created and for exercising the powers with which it is vested.
C. In such decree, the court shall designate the place where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district, if practicable, and which may be changed by order of the court from time to time. The regular meetings of the board of directors shall be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established.
D. If the court finds against the prayer of petition, it shall dismiss said proceedings and adjudge the costs against the signers of the petition in such proportions as it shall deem just and equitable.
History:
1953 Comp., § 75-28-9.2, enacted by Laws 1971, ch. 201, § 2.
ANNOTATIONS
Military leave and pay.
— Employees of a conservancy district are entitled to 15 days military leave and pay each year. 1959 Op. Att'y Gen. No. 59-54 (rendered under former law).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-16 - Filing order of incorporation.

Within thirty days after the district has been declared a corporation by the court, the clerk shall transmit to the secretary of state and to the probate clerk and ex-officio recorder in each of the counties having lands in the district, copies of the findings and the order of the court incorporating the district. The copies of the findings shall be filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations. Copies shall also be filed in the office of the probate clerk and ex-officio recorder of each county in which a part of the district may be, where they shall become permanent records. The recorder in each county shall receive a fee of one dollar ($1.00) for filing and preserving them, and the secretary of state shall receive a fee of five dollars ($5.00) for filing and preserving them.
History:
Laws 1927, ch. 45, § 207; C.S. 1929, § 30-207; 1941 Comp., § 77-2710; 1953 Comp., § 75-28-10; 2013, ch. 75, § 47.
ANNOTATIONS
Compiler's notes.
— New Mexico Const., art. VI, § 22, provides that, unless otherwise provided by law, a county clerk shall be elected in each county who shall perform the duties now performed by the clerks of the district courts and clerks of the probate courts. However, Laws 1968, ch. 69, § 20, provided that the district court shall appoint a district court clerk for each county of the judicial district, and that the duties and place of employment shall be designated by the court.
See
34-6-19 NMSA 1978.
The 2013 amendment,
effective July 1, 2013, required the clerk of the court to transmit the findings and order of the court incorporating the district to the secretary of state; 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, after "preserving them, and the" deleted "state corporation commission" and added "secretary of state".
Filing fees are part of cost of improvement of lands
under the El Vado dam, and all lands whether in federal, state or private ownership must bear the proportionate share of the costs. 1930 Op. Att'y Gen. No. 30-56.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-18 - Abolition of boards of directors of districts having more than one hundred thousand acres and created prior to 1930.

As the same are now constituted, any conservancy district organized under the provisions of the Conservancy Act of New Mexico and such conservancy district being created prior to 1930, embracing land situate in four or more counties and having an appointed board of directors, shall, after the election and qualification of the board of directors cease to have an appointed board of directors and in lieu thereof shall have an elected board of directors as provided in Sections 73-14-18 through 73-14-32 NMSA 1978, which board of directors shall bear the name "Board of Directors of the ............ Conservancy District" and shall be a body corporate, may sue and be sued, and which shall succeed to, have, exercise, enjoy, assume and perform all of the rights, powers, obligations and duties now by law vested in, conferred upon, imposed upon or required of, the boards hereby abolished.
History:
1953 Comp., § 75-28-11.1, enacted by Laws 1975, ch. 262, § 1.
ANNOTATIONS
Compiler's notes.
— For the meaning of "Conservancy Act",
see
compiler's notes to 73-14-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-19 - Boards of directors; membership; qualifications.

The boards of directors created by Sections 73-14-18 through 73-14-32 NMSA 1978 shall consist of three directors from and representing that portion of the most populous county within the conservancy district, one director each from and representing those portions of each of the remaining counties within the conservancy district and one director from and representing the district at large; provided that each director:
A. is a qualified elector of the conservancy district; and
B. resides within the conservancy district and the county from which he is elected or, if representing the district at large, resides within one of the four counties of the conservancy district.
History:
1953 Comp., § 75-28-11.2, enacted by Laws 1975, ch. 262, § 2; 1996, ch. 42, § 5.
ANNOTATIONS
The 1996 amendment,
effective March 4, 1996, substituted "created by Sections 73-14-18 through 73-14-32 NMSA 1978" for "hereby created" in the introductory language, and added the language beginning "or, if representing" at the end of Subsection B.
Ownership of real property within district.
— A member of the middle Rio Grande conservancy district board of directors who does not own real property within the district may not continue to serve on the board. 1987 Op. Att'y Gen. No. 87-03.
Residency requirement for election.
— A person cannot stand for election for the board of directors of the Middle Rio Grande Conservancy District if that person resides in a county in which part of the district is located but outside the district itself. 1988 Op. Att'y Gen. No. 88-34.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-20 - Definitions.

As used in Sections 73-14-18 through 73-14-30 NMSA 1978:
A. "benefited area" means that area described by a property appraisal that receives a benefit as a result of the creation of a district for any of the purposes specified in Section 73-14-4 NMSA 1978;
B. "list compiler" means a contractor approved by the board of directors to compile and produce a qualified elector list for a conservancy district;
C. "qualified elector" means an individual who owns real property within the benefited area of the conservancy district and who has provided proof of an ownership interest to one of the sources specified in Subsection B of Section 73-14-20.1 NMSA 1978 within the required time period, or who resides on and owns legal or equitable title in tribal lands and who is over the age of majority;
D. "qualified elector's list" means the list compiled before each election that contains the individual names of all qualified electors; and
E. "residence" means a dwelling that lies partially or completely within the benefited area.
History:
1953 Comp., § 75-28-11.3, enacted by Laws 1975, ch. 262, § 3; 1996, ch. 42, § 6; 1999, ch. 168, § 1; 2018, ch. 79, § 139.
ANNOTATIONS
Cross references.
— For age of majority,
see
12-2A-3 and 28-6-1 NMSA 1978.
The 2018 amendment,
effective July 1, 2022, deleted the definitions of certain terms, and revised statutory references; in the introductory clause, after "73-14-18 through", deleted "73-14-32" and added "73-14-30"; deleted former Subsections A and B, which defined "absentee voter" and "absentee-early voter", respectively, and redesignated former Subsection C as Subsection A; and deleted former Subsections D and E, which defined "election director" and "election officer", respectively, and redesignated former Subsections F through I as Subsections B through E, respectively.
The 1999 amendment,
effective June 18, 1999, added Subsections A and B, redesignated the remaining subsections accordingly, and deleted "of a conservancy district" at the end of Subsection I.
The 1996 amendment,
effective March 4, 1996, substituted "Definitions" for "Definition of 'qualified elector'" in the section heading, added Subsections A through D and F and G, and designated the existing language as Subsection E and rewrote that subsection.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-21 - Board of directors; election; terms.

A. Each member of the board of directors shall be elected for a term of four years and, unless removed from office, shall serve until his successor is duly elected and has qualified; provided that in the first election immediately following the effective date of the provisions of this act [73-14-18 to 73-14-32 NMSA 1978], candidates for positions 1, 2 and 5 shall be elected for two-year terms each, and candidates for positions 3, 4, 6 and 7 shall be elected for four-year terms each.
B. Vacancies on the board of directors shall be filled by the remaining members of the board of directors for the unexpired term of the director whose office becomes vacant. The person appointed to fill the vacancy shall have the same qualifications as the member whose unexpired term he is completing.
History:
1953 Comp., § 75-28-11.4, enacted by Laws 1975, ch. 262, § 4.
ANNOTATIONS
Effective dates.
— Laws 1975, ch. 262, contained no effective date provision, but was enacted at a session which adjourned on March 22, 1975.
See
N.M. Const., art. IV, § 23.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-22 - Board of directors; apportionment.

The representation on the board of directors of the conservancy district shall be apportioned as follows:
A. three members shall be elected from and by the qualified electors of the most populous county within the conservancy district;
B. one member each shall be elected from and by the qualified electors of those portions of each of the remaining counties in the conservancy district; and
C. one member shall be elected from and by the qualified electors of the conservancy district at large.
History:
1953 Comp., § 75-28-11.5, enacted by Laws 1975, ch. 262, § 5.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-23 - Suspension or removal.

A member of the conservancy district board may be suspended or removed in the same manner and for the same reasons that a county officer may be suspended or removed.
History:
1953 Comp., § 75-28-11.6, enacted by Laws 1975, ch. 262, § 6.
ANNOTATIONS
Cross references.
— For removal of local officers,
see
10-4-1 to 10-4-29, 10-5-1 to 10-5-9, 10-6-1 to 10-6-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-25 - Declaration of candidacy; signatures of electors.

A. A person who desires to become a candidate for election as a member of the conservancy district board of directors shall file a written declaration of candidacy with the proper filing officer in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
B. The declaration of candidacy shall be accompanied by:
(1) if a candidate for a position representing a county in the conservancy district, a petition signed by at least seventy-five qualified electors of the district who reside in that county; or
(2) if a candidate for the position at large in the conservancy district, a petition signed by at least one hundred twenty-five qualified electors.
History:
1953 Comp., § 75-28-11.8, enacted by Laws 1975, ch. 262, § 8; 1996, ch. 42, § 9; 1999, ch. 168, § 4; 2018, ch. 79, § 142.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, required any person who desires to become a candidate for election as a member of the conservancy district board of directors to file a written declaration of candidacy, accompanied by a petition with the requisite number of signatures, with the proper filing officer in accordance with the provisions of the Local Election Act; in Subsection A, deleted "Any" and added "A", after "candidacy with the", deleted "election director or with the election officer at least sixty days before the election. The election officer or the election director shall certify the candidates to the board of directors" and added "proper filing officer in accordance with the provisions of the Local Election Act"; and in Subsection B, after "shall", deleted "contain" and added "be accompanied by", deleted former Paragraphs B(1) through B(3) and redesignated former Paragraphs B(4) and B(5) as Paragraphs B(1) and B(2), respectively, and deleted Paragraph B(6).
The 1999 amendment,
effective June 18, 1999, inserted "of directors" and substituted "sixty days" for "thirty days" in Subsection A, deleted "date and" preceding "county of residence", and inserted "and date of declaration of candidacy" in Subsection B(2).
The 1996 amendment,
effective March 4, 1996, substituted "Declaration" for "Notice" in the section heading; rewrote Subsection A; in Subsection B, substituted "declaration" for "notice", inserted "date" in Paragraph (2), substituted "who reside" for "resident" in Paragraph (4), deleted "resident in the conservancy district" following "qualified electors" in Paragraph (5), added Paragraph (6), and made a minor stylistic change.
Residency requirement for election.
— A person cannot stand for election for the board of directors of the Middle Rio Grande Conservancy District if that person resides in a county in which part of the district is located but outside the district itself. 1988 Op. Att'y Gen. No. 88-34.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-26 - Designation of positions for purposes of election.

For purposes of election to the board of directors of the conservancy district, each office on the board shall be assigned a position number in numerical sequence beginning with the at-large position, and then next those positions within the most populous county. At all elections the same position numbers shall be used to designate the same offices.
History:
1953 Comp., § 75-28-11.9, enacted by Laws 1975, ch. 262, § 9.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-27 - Repealed.

History:
1953 Comp., § 75-28-11.10, enacted by Laws 1975, ch. 262, § 10; 1991, ch. 136, § 3; 1991, ch. 248, § 3; 1996, ch. 42, § 10; 1999, ch. 168, § 5; 1978 Comp., § 73-14-27, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-27 NMSA 1978, as enacted by Laws 1975, ch. 262, § 10, relating to election, location of polling places, notice of election, creation of absent voter precinct, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-28 - Repealed.

History:
1953 Comp., § 75-28-11.11, enacted by Laws 1975, ch. 262, § 11; 1996, ch. 42, § 11; 1999, ch. 168, § 6; 1978 Comp., § 73-14-28, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-28 NMSA 1978, as enacted by Laws 1975, ch. 262, § 11, relating to election judges, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.