reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-32 - [Filing of order and new plat when land is added; status of district; liability of lands.]

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district, showing such change, if any, certified by the president and secretary, shall be filed for record in the office of the county clerk of each county in which are situate any of the lands of the district, and the district shall remain an irrigation district, as fully as to every intent and purpose as if the lands which are included in the district by the change of the boundaries as aforesaid, had been included therein at the organization of the district; and said district as so changed and all the lands therein shall be liable for all existing obligations and indebtedness of the organized district.
Provided, that in case contract has been made between the district and the United States as in Section 13 [73-10-16 NMSA 1978] hereof provided, no change shall be made in the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent be filed with the board of directors.
History:
Laws 1919, ch. 20, § 40; C.S. 1929, § 73-141; 1941 Comp., § 77-2230; 1953 Comp., § 75-23-30.
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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-33 - [Petition for including land to be recorded in minutes of board; evidential value.]

Upon the filing of the copies of the order and the plat, as in the last preceding section [73-10-32 NMSA 1978] mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.
History:
Laws 1919, ch. 20, § 41; C.S. 1929, § 73-142; 1941 Comp., § 77-2231; 1953 Comp., § 75-23-31.
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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-34 - Authorization to sign petition or protest.

A guardian, conservator or personal representative of an estate, who is appointed as such under the laws of this state, and who, as such guardian, conservator or personal representative, is entitled to the possession of the lands belonging to the estate which he represents, may on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed.
History:
Laws 1919, ch. 20, § 42; C.S. 1929, § 73-143; 1941 Comp., § 77-2232; 1953 Comp., § 75-23-32; Laws 1975, ch. 257, § 8-130.
ANNOTATIONS
Compiler's notes.
— For the meaning of the term "this act",
see
compiler's notes to 73-10-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-35 - [Redivision of district after addition of lands; election of directors.]

In the case of the inclusion of any land within any district by proceedings under this act, the board of directors shall, at least thirty days prior to the next succeeding general election, make an order redividing such district into divisions, as nearly equal in size as may be practicable, being in number as in Section 5 [73-10-5 NMSA 1978] of this act provided and which shall be numbered consecutively, and one director shall thereafter be elected from each division. For the purposes of election the board of directors shall establish a convenient number of election precincts in said district, and define the boundaries thereof, which said precincts may be changed from time to time as the board may deem necessary.
History:
Laws 1919, ch. 20, § 43; C.S. 1929, § 73-144; 1941 Comp., § 77-2233; 1953 Comp., § 75-23-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of the term "this act",
see
compiler's notes to 73-10-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-36 - [Exclusion of lands; status of district unaffected.]

Any tract of land included within the boundaries of any such district, at or after its organization under the provisions of this act, may be excluded therefrom, in the manner herein prescribed, but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatever kind or nature; nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which it would or might become liable or chargeable, had such land not been excluded from the district.
History:
Laws 1919, ch. 20, § 44; C.S. 1929, § 73-145; 1941 Comp., § 77-2234; 1953 Comp., § 75-23-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of the term "this act",
see
compiler's notes to 73-10-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-37 - [Petition to exclude lands; description of lands; acknowledgment.]

The owner or owners in fee of any lands constituting a portion of any irrigation district may file with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The petition shall describe the lands which the petitioners desire to have excluded, but the description of such lands need not be more particular than required when lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in case of a conveyance of land.
History:
Laws 1919, ch. 20, § 45; C.S. 1929, § 73-146; 1941 Comp., § 77-2235; 1953 Comp., § 75-23-35.
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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-38 - [Notice of petition to exclude lands; publication; estimated costs of proceedings.]

The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least three weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of said district lie within another county or counties, then said notice shall be so published in a newspaper published within each of said counties; or if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of the said notices must be so posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the names of the petitioners, description of the lands mentioned in said petition and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at a time named in said notice, and show cause in writing, if any they have, why said petition should not be granted. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under the petition before the secretary shall give such notice.
History:
Laws 1919, ch. 20, § 46; C.S. 1929, § 73-147; 1941 Comp., § 77-2236; 1953 Comp., § 75-23-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-39 - [Hearing on petition for excluding lands; objections.]

The board of directors at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any persons, showing cause as aforesaid why the prayer of said petition should not be granted. The filing of such petition with the board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof.
History:
Laws 1919, ch. 20, § 47; C.S. 1929, § 73-148; 1941 Comp., § 77-2237; 1953 Comp., § 75-23-37.
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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-40 - [Order granting or denying petition for excluding land; protest of electors.]

The board of directors, if they deem it not for the best interest of the district that the lands mentioned in the petition or some portion thereof, should be excluded from said district, shall order that said petition be denied; but if they deem it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if there are no outstanding bonds of the district, then the board may order the lands mentioned in the pettiion [petition], or some defined portion thereof, to be excluded from the district; provided, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the exclusion of such lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom.
Provided, further, that in case contract has been made between the district and the United States as in Section 13 [73-10-16 NMSA 1978] hereof provided, no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent shall be filed with the board of directors.
History:
Laws 1919, ch. 20, § 48; C.S. 1929, § 73-149; 1941 Comp., § 77-2238; 1953 Comp., § 75-23-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For proceedings to determine validity of exclusion,
see
73-11-6 to 73-11-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-41 - [Petition for exclusion of land approved; filing order and new plat.]

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change and a plat of such district showing such change, certified by the president and secretary, shall be filed for record in the office of the county clerk of each county in which are situated any of the lands of the district, and the district shall remain an irrigation district as fully to every intent and purpose as if the lands which are excluded by the change of the boundary as aforesaid, had not been excluded therefrom. And, provided, further, that in case contract has been made between the district and the United States as in Section 13 [73-10-16 NMSA 1978] of this act provided, no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent be filed with the board of directors. Upon the filing of such assent, however, the lands excluded from any such district shall be discharged of all liens in favor of the United States under any contract with the United States or under bonds deposited with its agents.
History:
Laws 1919, ch. 20, § 49; C.S. 1929, § 73-150; 1941 Comp., § 77-2239; 1953 Comp., § 75-23-39.
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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-42 - [Redivision of district after exclusion of lands; election of directors.]

At least thirty days before the next general election of such district the board of directors thereof may make an order, dividing said district into divisions, as nearly equal in size as practicable, being in number as in Section 5 [73-10-5 NMSA 1978] of this act provided and which shall be numbered consecutively, and one director shall be elected for each division by the qualified electors of the whole district. For the purpose of election in such district the said board of directors must establish a convenient number of election precincts and define the boundaries thereof, which said precincts may be changed from time to time, as the board of directors may deem necessary.
History:
Laws 1919, ch. 20, § 50; C.S. 1929, § 73-151; 1941 Comp., § 77-2240; 1953 Comp., § 75-23-40.
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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-43 - [Petition for dissolution of district; notice of election; ballots.]

Whenever a majority of the resident freeholders, representing a majority of the number of acres of irrigable land, in any irrigation district organized or hereafter to be organized, under this act, shall petition the board of directors to call a special election for the purpose of submitting to the qualified electors of said irrigation district a proposition to vote on the dissolution of said irrigation district, setting forth in said petition that all bills and claims of every nature whatsoever have been fully satisfied and paid, it shall be the duty of said directors, if they shall be satisfied that all bills and claims have been fully satisfied, to call an election, setting forth the object of the said election, and to cause notice of said election to be published in some newspaper in each of the counties or county in which said district is located, for a period of thirty (30) days prior to said election, setting forth the time and place for holding said election in each of the voting precincts in said district. It shall also be the duty of the directors to prepare ballots to be used at said election on which shall be written or printed the words: "For Dissolution - Yes," and "For Dissolution - No."
History:
Laws 1919, ch. 20, § 51; C.S. 1929, § 73-152; 1941 Comp., § 77-2241; 1953 Comp., § 75-23-41.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of the term "this act",
see
compiler's notes to 73-10-1 NMSA 1978.
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 57.
94 C.J.S. Waters § 338.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-44 - [Canvass of votes on dissolution; certificate of election; recording; assent of secretary of interior.]

The board of directors shall name a day for canvassing the vote, and if it shall appear that a majority of the ballots contain the words, "For Dissolution - Yes," then it shall be the duty of said board of directors to declare said district to be disorganized, and they shall certify such fact to the county clerk of the respective counties in which the district is situated, stating the number of signers to the petition; that said election was called and set for the . . . . . . day of . . . . . . month of . . . . . . year; that said election was held and that so many votes (stating the number) had been cast for, and that so many votes (stating the number) had been cast against, said proposition. Said certificate shall bear the seal of the district, and the signatures of the president and secretary of said board of directors. It shall be the duty of the said respective clerks to record all such certificates in the records of the respective counties. Should it appear that a majority of the votes cast at said election were "For Dissolution - No," then the board of directors shall declare the proposition lost and shall cause the result and the vote to be made a part of the records of said irrigation district.
Provided, however, that no dissolution shall be made of the district, and the board of directors shall make no order dissolving the same until the secretary of the interior shall assent thereto in writing and such assent be filed with the board of directors.
History:
Laws 1919, ch. 20, § 52; C.S. 1929, § 73-153; 1941 Comp., § 77-2242; 1953 Comp., § 75-23-42.
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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-45 - [Succession of irrigation districts to rights and duties of water users' associations.]

That any irrigation district organized and existing under and by virtue of Chapter 20, Session Laws of New Mexico 1919, may succeed to all the rights, assets, privileges and immunities, and assume all the obligations, duties and liabilities of any water users' association organized and existing under the laws of New Mexico, by conveyance and simple contract; and any election heretofore or hereafter called and held at which a majority of the members or stockholders of such association voting at such election shall favor or shall have favored such succession and assumption, shall be sufficient authority for the directors of such district and of such association to execute and put into effect such conveyances and such contracts; and no action or defense drawing in question, directly or indirectly, the validity or effectiveness of such transfer, succession or assumption, shall be brought, maintained or set up except within one year from and after the filing for record of any such contract, transfer or conveyance; and in case of any such contract, transfer or conveyance, the same shall be filed for record in the office of the county clerk of the county where the principal office of such association is situate, and where the principal office of such district is situate and also in each county where the real estate is situate belonging to either such district or association.
History:
Laws 1921, ch. 39, § 23; C.S. 1929, § 73-177; 1941 Comp., § 77-2243; 1953 Comp., § 75-23-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the compilation of Laws 1919, Chapter 20,
see
compiler's notes to 73-10-1 NMSA 1978.
Cross references.
— For definitions of "irrigation district" and "directors,"
see
73-11-54 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 62.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-46 - [Irrigation district organized to cooperate with United States; civil service board; employees.]

Any irrigation district organized or to be organized for the purpose of cooperating with the government of the United States under the terms of federal reclamation law, and other federal laws operating and maintaining its irrigation, drainage, storage and protection works, and storing and distributing water, and for operating and maintaining works for the generation, control and distribution of electrical energy is hereby authorized to institute and maintain a system of civil service employment for such classes of its employees as in the opinion of the board of directors of said district should be placed under such system. The boards of directors are also authorized to enact any and all rules and regulations which may be necessary to carry out the purposes of this act [73-10-46, 73-10-47 NMSA 1978] including the appointment of a civil service board consisting of three members to serve three years, two members being permanent employees of the district and one a member of the board. To this civil service board the board of directors shall delegate the duties of establishing grades and of setting up standards of employment, of conducting examinations, creating a roster of approved applicants and in general to exercise advisory powers in the hiring and dismissal of employees. It shall be understood that the purpose of this act in general is to permit said district to create conditions of employment in which tenure of service is dependent upon efficiency, loyalty and dependability. This act shall be applied to all permanent employees at or below the grade of superintendent, and above and not including the grade of common laborer, but including the fiscal officer of the district who may be assessor-collector treasurer of the district as appointed by the board of directors.
History:
Laws 1931, ch. 78, § 1; 1941 Comp., § 77-2244; 1953 Comp., § 75-23-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the provisions of federal reclamation law,
see
43 U.S.C. § 371 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 97.
94 C.J.S. Waters § 316.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-47 - [Employees' pensions; group insurance; employers' liability insurance.]

Any irrigation district is authorized to create out of its general funds a fund to pension old or incapacitated employees, to make reasonable reservations out of wages and salaries of employees for creation, augmentation or support of such a fund and to provide out of its general fund or any other fund created for such purpose, the premiums for group insurance or for employers' liability insurance now required by the laws of New Mexico or which hereafter may be required by said laws.
History:
Laws 1931, ch. 78, § 2; 1941 Comp., § 77-2245; 1953 Comp., § 75-23-45.
ANNOTATIONS
Effective dates.
— Laws 1931, ch. 78, 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 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-49 - Special water users' association; certificate of organization.

The organizers of a special water users' association shall execute and file with the state engineer a certificate setting forth:
A. the name of the association; provided that a name shall not be assumed that is in use by another association or corporation in this state, or that is so nearly similar as to lead to uncertainty or confusion;
B. the names of the entities forming the association;
C. the location of the association's principal office in this state, the name and address of its registered agent, the county or counties in which it will operate and a general description of the areas it will serve;
D. the purposes of the association and the purposes of the use of water leased by the association;
E. the plan for providing funds or means for the acquisition, construction, improvement and maintenance of its works and for its necessary expenses;
F. the period of duration of the association;
G. the number of and manner of selecting the board of directors, trustees or governing board of the association, and the name of the persons who shall serve as such until their successors are selected;
H. the name of the irrigation district from which the association will be leasing the use of water; and
I. any provision, not inconsistent with the laws of this state, that the organizers may choose to insert for the regulation and conduct of the business and affairs of the association, for enlarging or changing the scope of its operations, for collecting the necessary funds for expenses and purposes of the association, for defining or limiting its powers and for its dissolution and the distribution or other disposition of its property.
History:
Laws 2003, ch. 369, § 6.
ANNOTATIONS
Temporary provisions.
— Laws 2003, ch. 369, § 9, provided a lease of project water by a municipal water users' association existing on the effective date of the act (July 1, 2003) may be transferred to a special water users' association if the lease is in accordance with, or amended to, the provisions of the act.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-50 - Special water users' association; organizational status; officers.

A. Upon the filing of the certificate of organization, by duly adopted resolution, with the state engineer and a copy with the county clerk of the county or city, as appropriate, where the special water users' association is formed, the entities so associating shall constitute a body corporate by the name set forth in the certificate and by that name may sue and be sued and shall have the capacity to make contracts; acquire, hold, enjoy, dispose of and convey property real and personal; and do any other act or thing necessary or proper for carrying out the purposes of the association.
B. An association may have officers or agents chosen or appointed in a manner and for terms as may be provided by the bylaws. Vacancies occurring among officers or among the board of directors, trustees or governing board shall be filled as provided by the bylaws or, in the absence of such provision, by the directors, trustees or governing board.
History:
Laws 2003, ch. 369, § 7.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-2 - [Sale of bonds; notice; bids; rejection of bids; use of bonds.]

The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction or purchase of canals, reservoir sites, reservoirs, water rights and works, and otherwise to fully carry out the objects and purposes of this act. Before making any sale the board shall, at a meeting, by resolution declare its intention to sell a specified amount of the bonds and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes and notice of the sale to be given by publication thereof by three insertions thereof at least twenty days prior to such sale in a daily newspaper published in the city of Santa Fe and a like notice in a daily newspaper published in the city of Albuquerque, and any other newspaper at their discretion. The notice shall state that sealed proposals will be received by the board at their office, for the purchase of the bonds, till the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder and may reject all bids; but said board shall, in no event, sell any of said bonds for less than ninety-five percent of the face value thereof. In case no bid is made and accepted as provided in this act, the board of directors is hereby authorized to use said bonds for the purchase of canals, reservoir sites, reservoirs, water rights and works, or for the construction of any canal, reservoir and works; provided, such bonds shall not be so disposed of at less than ninety-five percent of the face value thereof.
History:
Laws 1919, ch. 20, § 18; C.S. 1929, § 73-119; 1941 Comp., § 77-2302; 1953 Comp., § 75-24-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For authorization of bond holders to appoint director,
see
73-13-7 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 67.
94 C.J.S. Waters § 324.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-3 - [Special election to authorize sale of bonds at less than ninety-five percent par value.]

If any irrigation district bonds have been authorized and the board of directors of said district deem it as desirable that the said board be authorized to sell said bonds for less than ninety-five percent of the par value thereof, said board may call a special election to submit to the voters of the district said proposition. Such election shall be held, and notice thereof shall be given in the same manner as is provided in the case of a special election to authorize the issuance of bonds for irrigation districts. The proposition shall be stated in substantially the following form: "Shall the board of directors of . . . . . . . . irrigation district be authorized to sell bonds of the district for less than ninety-five percent of the par value thereof, but not less than . . . . . . . . percent of the par value?" (Stating the minimum price), followed by the word "yes" or "no," as provided in Section 6 [73-10-6 NMSA 1978] of said Chapter 20. If at least two-thirds of the legal votes cast at such election are for "yes," then the board of directors may sell any such bonds to the highest responsible bidder, at or above the minimum price authorized at such election.
History:
Laws 1921, ch. 39, § 9; C.S. 1929, § 73-163; 1941 Comp., § 77-2303; 1953 Comp., § 75-24-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of the term "this act",
see
compiler's notes to 73-11-1 NMSA 1978.
Cross references.
— For definitions of "irrigation district" and "directors,"
see
73-11-54 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 67.
94 C.J.S. Waters § 330.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-4 - [Payment of bonds and debt due United States; taxation.]

Said bonds and interest thereon, and all payments due or to become due the ensuing year to the United States under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States shall be paid, by revenue derived from an annual assessment upon the real property of the district, and the real property of the district shall be made and remain liable to be assessed for such payments as herein provided. Public lands of the United States within any district shall be subject to taxation for all purposes of this chapter to the extent provided by the act of congress approved August 11, 1916, upon full compliance therewith by the district.
History:
Laws 1919, ch. 20, § 19; C.S. 1929, § 73-120; 1941 Comp., § 77-2304; 1953 Comp., § 75-24-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this chapter" refers to Laws 1919, ch. 20. For the compilation of that act,
see
compiler's notes to 73-11-1 NMSA 1978.
Cross references.
— For property tax,
see
7-35-1 to 7-35-10, 7-36-1 to 7-36-33, 7-37-1 to 7-37-8, 7-38-1 to 7-38-93 NMSA 1978.
For the Act of Congress of August 11, 1916,
see
43 U.S.C. §§ 621 to 630.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 67.
94 C.J.S. Waters § 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-5 - [Payment of bonds; interest after default; excess money in bond fund; redemption of bonds; investment of funds.]

Upon presentation of any matured bond, or any matured interest coupon of any bond of the district, the treasurer shall pay the same from the bond fund. If funds are not available for the payment of any such matured bonds or interest coupons, both such shall draw interest at the rate of seven percent per annum from the date of presentation for payment until notice is given that funds are available for payment. Whenever the bond fund or sinking fund created for retirement of bonds contains ten thousand dollars ($10,000.00) in excess of the amount necessary to pay all bonds and interest coupons of the district that have matured or that will mature before the time when any part of the next annual assessment, to be levied in the district, will become delinquent, the board of directors may advertise, in the manner herinbefore [hereinbefore] provided for the sale of bonds, for the receipt of sealed proposals for the delivery to the district for redemption of any of its bonds not due. Said advertisement shall state the amount which may be used for the redemption of such bonds. Any such proposals shall be opened by the board in open meeting at the time named in said advertisement, and the offer or offers of such bonds at the lowest rate or rates shall be accepted; provided, that no bonds shall be redeemed at more than par value thereof, except by unanimous vote of the directors. In case two or more proposals are equal, and there is not sufficient money available to accept them all, the lowest numbered bonds shall have the preference. In case not enough bonds are offered for redemption at prices which the board of directors accepts, the board may invest any money available for redemption of bonds in bonds of the United States, or bonds approved for the investment of state school funds, and shall hold the bonds so purchased as part of the bond fund until such time as the board may determine that it is for the best interests of the district that such bonds, or any of them, be sold. In case of the sale of any such bonds the proceeds of the sale shall be deposited in the bond fund. The county treasurer, insofar as the redemption of unmatured bonds are [is] concerned, or the investment of any excess in the bond fund shall act under the order of the board of directors.
History:
Laws 1921, ch. 39, § 10; C.S. 1929, § 73-164; 1941 Comp., § 77-2305; 1953 Comp., § 75-24-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For notice for bond sale,
see
73-11-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 67.
94 C.J.S. Waters § 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-6 - [Proceedings to determine validity; bond issue or contract with United States; ascertainment of benefits and damages; inclusion or exclusion of land.]

The board of directors of any irrigation district organized under the provisions of this act shall commence special proceedings in and by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of said district, whether said bonds or any of them have or have not been sold or disposed of, or in and by which the proceedings of said board and of said district providing for the authorization of contract with the United States may be judicially examined, approved and confirmed. Such proceedings shall be brought within sixty days after the adoption of resolution by the board declaring that the bond election or election for the authorization of the execution of contract with the United States has been voted upon favorably by the electorate of the district. The board may, however, in its discretion, bring an action prior to the time specified, whereby the validity of the organization of the district or of any steps leading to the issuance of bonds or to the making of contract as aforesaid, may be separately judicially examined, approved and confirmed. Within sixty days after the ascertainment of the rate or percentage of drainage benefits, and of the award for damages inflicted by drainage works, as in this act provided, the board shall bring a similar special proceeding, whereby such assessment and award may be judicially examined, approved and confirmed. In the event of the inclusion by any irrigation district of additional lands, or the exclusion of lands previously within the boundaries of any such district, the board of directors may, if they deem it advisable so to do, institute a special proceeding in like manner and with like effect as herein provided for the confirmation of bonds, whereby the proceedings for such change of boundaries may be judicially examined, approved and confirmed.
History:
Laws 1919, ch. 20, § 53; C.S. 1929, § 73-154; 1941 Comp., § 77-2306; 1953 Comp., § 75-24-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of the term "this act",
see
compiler's notes to 73-11-1 NMSA 1978.
Cross references.
— For ascertainment of benefits or damages,
see
73-11-12 NMSA 1978.
For inclusion and exclusion of lands,
see
73-10-27 to 73-10-42 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 67.
94 C.J.S. Waters § 328.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-7 - [Petition to determine validity of proceedings; contents.]

The board of directors of the irrigation district shall file in the district court of the county in which the lands of the district, or some portion thereof, are situated, a petition praying, in effect, that the proceedings aforesaid may be examined, approved and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue and sale of bonds, or for the authorization of contract with the United States or for the determination of the rate of drainage benefits and award of damages, as the case may be, and shall state generally that the irrigation district was duly organized, and that the first board of directors was duly elected, but the petition need not state the facts showing such organization of the district or the election of said first board of directors.
History:
Laws 1919, ch. 20, § 54; C.S. 1929, § 73-155; 1941 Comp., § 77-2307; 1953 Comp., § 75-24-7.
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 § 59.
94 C.J.S. Waters § 323.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-8 - [Time of hearing; notice; publication; contents.]

The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of such petition. The notice shall be given and published once each week for four consecutive weeks in a newspaper of general circulation published in each county wherein shall be situate any lands within the district. The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petitioners, and that any person interested in the organization of said district or in the proceedings for the issue or sale of said bonds, or in any such other proceedings as may be in question, may, on or before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and described in said notice as the petition of the board of directors of . . . . . . irrigation district (giving its name), praying that the proceedings for the issue and sale of said bonds of said district, or that the proceedings for the authorization of contract with the United States or the validity of the determination of the rate of drainage benefits and of the award of damages, as the cases may be respectively, may be examined, approved and confirmed by the court.
History:
Laws 1919, ch. 20, § 55; C.S. 1929, § 73-156; 1941 Comp., § 77-2308; 1953 Comp., § 75-24-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Rule 1-007 C NMRA abolished the demurrer.
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
94 C.J.S. Waters § 324.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-9 - [Procedure; pleading; appeals.]

Any person interested in said district or in the issue or sale of said bonds, or in such other proceedings as may be in issue as herein provided, may demur to or answer said petition. The provisions of Chapter LXXXVIII respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The person so demurring and answering said petition shall be the defendant to the special proceedings and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer shall, for the purpose of said special proceedings, be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice relating to appeals and writs of error as provided by Chapter 43 Laws of 1917 which are not inconsistent with the provisions of this act are applicable to the special proceedings herein provided for; provided, appeals to the supreme court of the state involving the special proceedings herein mentioned shall be taken within twenty days, and shall be perfected within sixty days after the granting of any such appeal.
History:
Laws 1919, ch. 20, § 56; C.S. 1929, § 73-157; 1941 Comp., § 77-2309; 1953 Comp., § 75-24-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The provisions of Chapter 88 of the 1915 Code relating to answers and demurrers have been superseded by the Rules of Civil Procedure for District Courts.
See
Rule 1-001 NMRA and 38-1-1 and 38-1-2 NMSA 1978. Rule 1-007 NMRA abolished the demurrer.
See
Rules 1-008 to 1-012 NMRA for provisions regarding answers and defenses. For appeals to the supreme court from special statutory proceedings
see
12-601 NMRA.
Laws 1917, ch. 43, was virtually superseded by the Rules of Appellate Procedure.
For the meaning of the term "this act",
see
compiler's notes to 73-11-1 NMSA 1978.
For time periods for appeals in election cases,
see
Eturriaga v. Valdez
, 109 N.M. 205, 209-210, 784 P.2d 24, 28-29 (1989).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
94 C.J.S. Waters § 324.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-10 - [Hearing on validation; scope of proceeding; irregularities disregarded; costs; judgment.]

Upon the hearing of such special proceedings the court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner in this act prescribed, and shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, each and all of the proceedings for the organization of said district under the provisions of said act, from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of said bonds, and the order of the sale and the sale thereof, and all the proceedings, if any, as the case may be, for the authorization of contract with the United States and the validity of the determination of the rate of drainage benefits and award of damages, which shall have been made pursuant to contract with the United States. The court, in inquiring into the regularity, legality or correctness of said proceedings, must disregard any error, irregularity or omission which does not affect the substantial rights of the parties to said special proceedings; and the court may by decree approve and confirm such proceedings in part, and disapprove and declare illegal or invalid other or subsequent parts of the proceedings. The cost of the special proceedings may be allowed and apportioned between the parties, in the discretion of the court. The judgment when finally made and entered, shall be res judicata in all cases arising in connection with the organization of the district, and the collection of taxes for payment of the principal and interest of bonds or for payment of monies required by contract with the United States and in connection with the award of damages. Provided, however, that a reopening of the judgment upon the rate of drainage benefits may be had at the petition of the board of directors, upon sufficient cause shown.
History:
Laws 1919, ch. 20, § 57; C.S. 1929, § 73-158; 1941 Comp., § 77-2310; 1953 Comp., § 75-24-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of the term "this act",
see
compiler's notes to 73-11-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
94 C.J.S. Waters § 323.