reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-38 - [Refunding indebtedness.]

And the court may, on the petition of the commissioners authorize them to refund any lawful indebtedness of the district by taking up and cancelling all of its outstanding notes and bonds, as fast as they become due, or before, if the holders thereof will surrender the same, and issuing in lieu thereof new notes, or bonds of such district, payable in such longer time as the court shall deem proper, not to exceed in the aggregate the amount of all notes and bonds of the district then outstanding, and the unpaid, accrued interest thereon, and bearing interest not exceeding eight percent per annum.
History:
Laws 1912, ch. 84, § 65; Code 1915, § 1941; C.S. 1929, § 40-170; 1941 Comp., § 77-1938; 1953 Comp., § 75-20-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Districts to pay interest on matured bonds and coupons.
— Legislature intended that drainage districts should pay interest on their bonds and coupons after maturity.
Roswell Drainage Dist. v. Parker
, 53 F.2d 793 (10th Cir. 1931).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters §§ 327, 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-39 - [Authority to refund indebtedness of any kind; borrowing money; issuance of new bonds and notes.]

Drainage districts organized under the provisions of Sections 73-6-1 to 73-6-44, 73-7-1 to 73-7-24, 73-7-37, 73-7-38 and 73-7-40 to 73-7-56 NMSA 1978 may refund all outstanding indebtedness whether evidenced by notes, bonds, coupons, judgments or other evidences of indebtedness in the manner provided by Section 73-7-38 NMSA 1978 of said statutes, and for such purpose may borrow the money necessary from any person or corporation willing to advance the same, or from the reconstruction finance corporation, or under the National Industrial Recovery Act [repealed] or any agency authorized by acts of congress to loan money for such purpose, and may issue new notes or bonds to evidence such indebtedness.
History:
Laws 1934 (S.S.), ch. 3, § 1; 1941 Comp., § 77-1939; 1953 Comp., § 75-20-39.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The National Industrial Recovery Act comprises the Act of June 16, 1933, 48 Stat. 195, ch. 90, and the Act of June 29, 1956, 70 Stat. 384, ch. 462, title I, § 113 (d). It was compiled as 15 U.S.C. § 701 et seq. and 40 U.S.C. § 401 et seq. Those sections have since been repealed.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-40 - [Letting contracts; bids; notice.]

In all cases where the estimated cost of the work to be done at any one time under the direction of the commissioners shall exceed five hundred dollars [($500)], the same shall be let to the lowest responsible bidder, and the commissioners shall advertise for sealed bids, by notice published in some newspaper published in the county in which the petition is filed, and may advertise in one or more newspapers published elsewhere. If there be no newspaper published in the county in which the petition is filed, they shall advertise in some newspaper of general circulation in the district, which said notice shall particularly set forth the time and place when and where the bids advertised for will be opened, the kind of work to be let and the terms of payment. Said commissioners may continue the letting from time to time, if in their judgment the same shall be necessary, and shall reserve the right to reject any and all bids.
History:
Laws 1912, ch. 84, § 66; Code 1915, § 1942; C.S. 1929, § 40-171; 1941 Comp., § 77-1940; 1953 Comp., § 75-20-40.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provisions on publication of notice,
see
Chapter 14, Article 11 NMSA 1978.
Sufficient to publish notice for reasonable time.
— The notice required need not be published for four weeks; publication for a reasonable length of time is sufficient.
Stanley v. Wixon
, 1918-NMSC-082, 24 N.M. 499, 174 P. 200.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 60 et seq.; 94 C.J.S. Waters § 350.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-41 - [Commissioners not to be interested in contracts.]

And they shall not during their term of office, be interested directly or indirectly in any contract for the construction of any drain, ditch or other work in such drainage district, or in the sale of materials therefor or in the wages of or supplies for men or teams employed on any such work in said district.
History:
Laws 1912, ch. 84, § 67; Code 1915, § 1943; C.S. 1929, § 40-172; 1941 Comp., § 77-1941; 1953 Comp., § 75-20-41.
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 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-42 - [Damages; how paid.]

The damages allowed to the owners of lands shall be paid or tendered before the commissioners shall be authorized to enter upon such lands, for the construction of any drains or ditches proposed thereon. If the owner is unknown or there shall be a contest in regard to the ownership of the lands, or the owner will not receive payment, or there exists a mortgage or other lien against the same or the commissioners cannot for any other reason pay him, they may deposit the said damages with the clerk of the court, for the benefit of the owner, or parties interested, to be paid or distributed as the court shall direct and such payment shall have the same effect as the tender to and the acceptance of the damages awarded by the true owner of the land. This section shall not, however, prevent said commissioners, their agents, servants and employes [employees] going upon said lands to do any and all work found necessary prior to making their report thereof.
History:
Laws 1912, ch. 84, § 68; Code 1915, § 1944; C.S. 1929, § 40-173; 1941 Comp., § 77-1942; 1953 Comp., § 75-20-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section provides for just compensation
for such property as may be taken or damaged in the construction of a drainage system.
In re Dexter-Greenfield Drainage Dist.
, 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-43 - [Outside lands; when included.]

Whenever any lands outside a drainage district are receiving the benefits of the drains of said district, by direct or indirect, natural or artificial connection therewith, or are damaging those in the district, the commissioners of said district may report said facts to the court and ask that said lands, describing them, be brought into said district and assessed for the benefit by them received from the drains or ditches of said district, or damages inflicted.
History:
Laws 1912, ch. 84, § 69; Code 1915, § 1945; C.S. 1929, § 40-174; 1941 Comp., § 77-1943; 1953 Comp., § 75-20-43.
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 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-44 - [Outside lands; notice to owners.]

Upon filing of said report the court shall order the owners of such lands to be notified of the filing of said report and the contents thereof, and shall require such owners to show cause at a time and place fixed therein, not less than twenty days thereafter, why their said lands should not be brought into said district and assessed for said benefit.
History:
Laws 1912, ch. 84, § 70; Code 1915, § 1946; C.S. 1929, § 40-175; 1941 Comp., § 77-1944; 1953 Comp., § 75-20-44.
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 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-45 - [Outside lands; remonstrance; hearing.]

At the time and place fixed for hearing said report any of said landowners may appear and remonstrate against the confirmation of said report. All remonstrances shall be in writing, verified and shall set forth the facts on which they are based. All issues arising on said report shall be tried by the court without a jury.
History:
Laws 1912, ch. 84, § 71; Code 1915, § 1947; C.S. 1929, § 40-176; 1941 Comp., § 77-1945; 1953 Comp., § 75-20-45.
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 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-46 - [Outside lands; when annexed.]

If the court shall find that said lands or any of them are receiving the benefits of any such drain or ditch, the court shall so find in writing and shall order said lands to be annexed to and made a part of said district and benefits to be assessed against the same by the commissioners of said district.
History:
Laws 1912, ch. 84, § 72; Code 1915, § 1948; C.S. 1929, § 40-177; 1941 Comp., § 77-1946; 1953 Comp., § 75-20-46.
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. —
25 Am. Jur. 2d Drains and Drainage Districts § 21.
28 C.J.S. Drains §§ 10 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-47 - [Outside lands; appeal.]

Said order shall be final and conclusive unless appealed to the supreme court within thirty days from the date of entry thereof.
History:
Laws 1912, ch. 84, § 73; Code 1915, § 1949; C.S. 1929, § 40-178; 1941 Comp., § 77-1947; 1953 Comp., § 75-20-47.
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. —
28 C.J.S. Drains §§ 10, 11.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-48 - [Annexed lands; assessments.]

Said commissioners shall, after the time for appeal is passed, assess against each parcel, tract and easement of and in said annexed lands reasonable and just benefits, and shall assess against said lands for construction and repairs such sum as shall be just.
History:
Laws 1912, ch. 84, § 74; Code 1915, § 1950; C.S. 1929, § 40-179; 1941 Comp., § 77-1948; 1953 Comp., § 75-20-48.
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. —
25 Am. Jur. 2d Drains and Drainage Districts § 37.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-49 - [Annexed lands; assessments; notice; hearing.]

The commissioners shall file their report of such assessments in court. The court shall by order require said owners to show cause at a time and place therein fixed not less than twenty days after service of said order, why said report of assessment should not be confirmed and on such hearing the court shall either amend, confirm or reject such report of assessments.
History:
Laws 1912, ch. 84, § 75; Code 1915, § 1951; C.S. 1929, § 40-180; 1941 Comp., § 77-1949; 1953 Comp., § 75-20-49.
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. —
28 C.J.S. Drains § 10, 11.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-50 - [Courts to supervise commissioners; powers.]

The court shall at all times have supervision of said commissioners, and may at any time require them to make a report on any matter or matters connected with their duties as commissioners, and after due hearing may remove from office any or all of said commissioners for neglect of duty or malfeasance in office or for other good cause. The court may at any time require the commissioners to give new bonds and may fix the amount thereof, and said bonds shall be submitted to the court or the presiding judge thereof for approval.
History:
Laws 1912, ch. 84, § 76; Code 1915, § 1952; C.S. 1929, § 40-181; 1941 Comp., § 77-1950; 1953 Comp., § 75-20-50.
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. —
25 Am. Jur. 2d Drains and Drainage Districts § 17.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-51 - [Bonds and obligations.]

No bond or other money obligations issued by any drainage district shall be adversely affected by any subsequent change in assessments of benefits.
History:
Laws 1912, ch. 84, § 77; Code 1915, § 1953; C.S. 1929, § 40-182; 1941 Comp., § 77-1951; 1953 Comp., § 75-20-51.
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. —
25 Am. Jur. 2d Drains and Drainage Districts §§ 48, 49.
28 C.J.S. Drains § 15 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-52 - [Commissioners are public officers; presumptions.]

Commissioners of drainage districts are hereby declared to be public officers. The presumption shall be in favor of the regularity and validity of all their official acts. Whenever any report of the commissioners of any drainage district or any part of said report is contested, remonstrated against or called in question, the burden of proof shall rest upon the contestant, remonstrant or questioner.
History:
Laws 1912, ch. 84, § 78; Code 1915, § 1954; C.S. 1929, § 40-183; 1941 Comp., § 77-1952; 1953 Comp., § 75-20-52.
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 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-53 - [Owners of land; rights to use of drains; eminent domain.]

The owner of any land that has been assessed for the cost of the construction of any ditch, drain or watercourse, as herein provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and if said land is separated from the ditch, drain or watercourse by the land of another or others, and the owner thereof shall be unable to agree with said other or others as to the terms and conditions on which he may enter their lands and construct said drain or ditch, and [then] he may acquire a right-of-way therefor by condemnation as hereinafter provided by the provisions of Section 73-7-56 NMSA 1978.
History:
Laws 1912, ch. 84, § 79; Code 1915, § 1955; C.S. 1929, § 40-184; 1941 Comp., § 77-1953; 1953 Comp., § 75-20-53.
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. —
25 Am. Jur. 2d Drains and Drainage Districts § 33.
28 C.J.S. Drains § 59; 94 C.J.S. Waters §§ 349, 350.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-54 - [Assessments; confirmation conclusive of regularity.]

The collection of any assessments made by the commissioners for construction and confirmed by the court, shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in the proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty days after the entry of such order.
History:
Laws 1912, ch. 84, § 80; Code 1915, § 1956; C.S. 1929, § 40-185; 1941 Comp., § 77-1954; 1953 Comp., § 75-20-54.
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. —
25 Am. Jur. 2d Drains and Drainage Districts §§ 39, 46.
28 C.J.S. Drains § 102.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-55 - [Obstruction of drains; bridges.]

No person, firm, county or corporation, or other municipal corporation, shall sink, set or drive any post, pillars or piling in any of the drains or ditches constructed under the provisions of this article for the purpose of erecting any bridge, trestle or covering over or across any such drain or ditch. All supports for any such bridges shall be entered or placed on the banks of such drain or watercourse so as not to obstruct the flow of water therein. No person taking water for any purpose, from any drain or ditch, constructed under the provisions of this article, shall take said water in such manner as to obstruct the flow of water in, or in any way diminish the efficiency of, said drain or ditch. Any person who shall violate any of the foregoing provisions of this section or who shall place logs, brush or any other like substances, or fell trees into them, which will obstruct the flow of water in any of the drains or watercourses constructed in whole or in part under the provisions of this article, or in any stream which will flow through such improvement, and any public officer or any employe [employee] who shall fail or refuse to perform any of the duties required by this article, shall be deemed guilty of a misdemeanor, and shall be liable for all damages caused thereby.
History:
Laws 1912, ch. 84, § 81; Code 1915, § 1957; C.S. 1929, § 40-186; 1941 Comp., § 77-1955; 1953 Comp., § 75-20-55.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code substituted "this article" for "this act." Laws 1912, ch. 84. § 81 was codified as Code 1915, ch. 31, art. 1, now compiled as 73-6-1 to 73-6-17, 73-6-25 to 73-6-44, 73-7-1 to 73-7-24, 73-7-37, 73-7-38 and 73-7-40 to 73-7-56 NMSA 1978.
Cross references.
— For general prohibition of interference with use of water,
see
72-8-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 33.
Obstruction or diversion of, or other interference with, flow of surface water as taking or damaging property within constitutional provision against taking or damaging without compensation, 128 A.L.R. 1195.
Liability for damages from obstruction of stream by debris or waste, 29 A.L.R.2d 447.
Municipality's liability for damage resulting from obstruction or clogging of drains or sewers, 59 A.L.R.2d 281.
28 C.J.S. Drains § 78; 93 C.J.S. Waters §§ 15, 20.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-56 - Rights-of-way; eminent domain by individuals; eminent domain for construction.

Any person, firm, corporation or association may exercise the right of eminent domain to take and acquire property and [a] right-of-way for the construction, maintenance and operation of a drainage ditch, which shall be located as to do the least damage to private property consistent with its proper use and construction, such property and right-of-way shall be acquired in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History:
Laws 1912, ch. 84, § 82; Code 1915, § 1958; C.S. 1929, § 40-187; 1941 Comp., § 77-1956; 1953 Comp., § 75-20-56; Laws 1981, ch. 125, § 57.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The 1981 amendment
revised the section heading, substituted "property and" for "land" following "acquire" near the beginning of the section, substituted "property" for "land" following "such" near the end of the section and substituted "the Eminent Domain Code" for "law for the condemnation and taking of private property in the state of New Mexico for railroads, telegraph and telephone and other public uses and purposes" at the end of the section.
Section is limited in its application
to such persons as have been assessed for the cost of construction of works of a drainage district and does not violate N.M. Const., art. IV, § 16, which prohibits more than one subject to be embraced in a bill. I
n re Dexter-Greenfield Drainage Dist.
, 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 5.
Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.
28 C.J.S. Drains §§ 56, 78.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-1 - [Organization of districts.]

Whenever a majority of the resident freeholders owning one-third in area of the lands, or evidence of title to lands so owned, within the limits of any federal reclamation project in the state of New Mexico shall desire to provide for the drainage of such lands or of any portion thereof, they may propose the organization of a drainage district under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978].
Such drainage districts may be formed in order to cooperate with the United States government in effecting and carrying out the purposes of this act through the construction of drainage works necessary to maintain the irrigability of lands within any such district, or for the purchase, extension, operation or maintenance of constructed works necessary for such purposes or for the assumption as principal or guarantor of indebtedness to the United States on account of the drainage of such district lands.
Districts so organized shall be empowered to take any and all action necessary to effectuate the purposes of this act.
History:
Laws 1917, ch. 22, § 1; C.S. 1929, § 40-201; 1941 Comp., § 77-2001; 1953 Comp., § 75-21-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" in this section refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978, which was enacted to further New Mexico landowners' participation in federal projects authorized by 43 U.S.C. § 371 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 34; 45 Am. Jur. 2d Irrigation §§ 86 to 91.
Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to Reclamation Act to a perpetual right beyond the control of the federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320, 67 A.L.R.3d 914.
28 C.J.S. Drains § 8; 94 C.J.S. Waters § 333.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-2 - [Petition; filing; contents; publication of notice.]

For the purpose of establishing a drainage district under this act [73-8-1 to 73-8-60 NMSA 1978] a petition shall be filed with the board of county commissioners of the county wherein is embraced the largest acreage of the proposed district; such petition shall state the purposes of the proposed organization, shall contain a general description of the boundaries of the proposed drainage district, the name proposed for such district, and shall designate a committee composed of three of the petitioners to present such petition to such board of county commissioners, shall contain a prayer that said board shall define and establish the boundaries of the proposed drainage district and submit the question of the organization of same to a vote of the qualified electors resident within the proposed district; such petition shall be signed by a majority of the resident freeholders within the proposed district, who shall be the owners in the aggregate of one-third of the total area of lands within the proposed district belonging to the resident freeholders within such district.
Notice of the filing of such petition with the board of county commissioners shall be published once each week for four successive weeks in some newspaper of general circulation printed and published in each county wherein shall be situate any lands proposed to be embraced in any such district, which notice shall set forth the substance of such petition and the time and place when the same will be acted upon by said board of county commissioners, which time may be at any regular meeting or at any special meeting of such board called for such purpose.
History:
Laws 1917, ch. 22, § 2; C.S. 1929, § 40-202; 1941 Comp., § 77-2002; 1953 Comp., § 75-21-2.
ANNOTATIONS
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For provisions on publication of notice,
see
Chapter 14, Article 11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 37.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-3 - [Publications; language; time and manner.]

The publication required by the preceding section [73-8-2 NMSA 1978] and all publications required by this act [73-8-1 to 73-8-60 NMSA 1978] shall be made in both English and Spanish and in every instance the last publication shall be made not less than three days before the time fixed by such publications for the taking of action therein mentioned; and all publications shall be made for the time and in the manner prescribed in said preceding section.
History:
Laws 1917, ch. 22, § 3; C.S. 1929, § 40-203; 1941 Comp., § 77-2003; 1953 Comp., § 75-21-3.
ANNOTATIONS
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-5 - [District officers.]

The officers of any such district shall consist of the directors, a secretary and a treasurer. A member of the board of directors shall be elected by such board as president.
History:
Laws 1917, ch. 22, § 5; C.S. 1929, § 40-205; 1941 Comp., § 77-2005; 1953 Comp., § 75-21-5.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-6 - [Number of directors and election divisions.]

The directors and divisions of drainage districts under this act [73-8-1 to 73-8-60 NMSA 1978] shall be in number, for districts having an area of twenty-five thousand acres or less, 3; for districts having an area of more than twenty-five thousand acres and less than fifty thousand acres, 5; for districts having an area of more than fifty thousand acres and less than seventy-five thousand acres, 7; and for districts having an area of seventy-five thousand acres or more, 9.
History:
Laws 1917, ch. 22, § 6; C.S. 1929, § 40-206; 1941 Comp., § 77-2006; 1953 Comp., § 75-21-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-7 - [Notice of election; publication.]

Upon entry of the orders aforesaid the board of county commissioners shall thereupon cause to be published as by this act [73-8-1 to 73-8-60 NMSA 1978] provided, a notice embodying the substance of such orders, fixing the time and place for such election and setting forth the matters to be submitted to a vote of the electors, which notice shall be signed by the chairman of such board and attested by the county clerk.
History:
Laws 1917, ch. 22, § 7; C.S. 1929, § 40-207; 1941 Comp., § 77-2007; 1953 Comp., § 75-21-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For method of publication provided by this act,
see
73-8-2 and 73-8-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-8 - [Conduct of elections.]

At such election and at all elections held under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] all resident freeholders who are the owners of land within the proposed drainage district, or of evidence of title to such lands, who are qualified electors under the general election laws of the state, shall be entitled to vote and none others. Insofar as applicable the general election laws of the state, except requirements for registration, and except as in this act otherwise provided, shall govern all elections under this act.
The ballots to be used and cast at the election held for the purpose of voting upon the question of the formation of such proposed district shall be substantially in the following form: "Drainage District .. Yes" and "Drainage District .. No," or words equivalent thereto; each qualified elector may vote for one director from each division, and shall indicate his vote by placing a marginal cross upon the ballot for or against any question submitted or name voted upon, and opposite thereto, at any election held under this act. At the election for the formation of any such drainage district and at any subsequent election for directors at which other questions shall be simultaneously submitted, separate ballots for the election of directors shall be used. In such event such separate ballots for the election of directors shall be substantially as follows:
"FOR DIRECTORS FOR ________________ DISTRICT"
(inserting name of district.)
"For Director from Division No. 1,
_____________________"
(the name of the person voted for to be
inserted by the voter.)
"For Director from Division No. 2,
_____________________"
(the name of the person voted for to be
inserted by the voter.)
and serially thereafter to the number of directors to be chosen.
History:
Laws 1917, ch. 22, § 8; C.S. 1929, § 40-208; 1941 Comp., § 77-2008; 1953 Comp., § 75-21-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For definition of "resident freeholder,"
see
73-8-11 NMSA 1978.
For general election laws,
see
Chapter 1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-9 - [Majority and plurality.]

At all elections held under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] if a majority of all the votes cast by the qualified electors shall be in the affirmative upon any proposition submitted to a vote, other than the election of directors, such proposition shall be declared to be carried, and at all elections for directors the persons receiving the highest number of votes cast by the qualified electors of the district shall be declared to be elected.
History:
Laws 1917, ch. 22, § 9; C.S. 1929, § 40-209; 1941 Comp., § 77-2009; 1953 Comp., § 75-21-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-10 - [Providing ballots.]

For the first election to be held under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] requisite ballots shall be provided under the direction of the board of county commissioners; and at all elections subsequent to the organization of any such district all such ballots shall be provided by the district.
History:
Laws 1917, ch. 22, § 10; C.S. 1929, § 40-210; 1941 Comp., § 77-2010; 1953 Comp., § 75-21-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-11 - ["Resident freeholder" defined.]

Any person residing within any county in which any portion of a drainage district or proposed drainage district shall lie, and who is the owner of agricultural land within the limits of the district shall, for the purposes of this act [73-8-1 to 73-8-60 NMSA 1978], be considered a resident freeholder.
History:
Laws 1917, ch. 22, § 11; C.S. 1929, § 40-211; 1941 Comp., § 77-2011; 1953 Comp., § 75-21-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-12 - [Canvass of votes of first election; order.]

On the second Monday next succeeding the first eletcion [election] provided for by this act [73-8-1 to 73-8-60 NMSA 1978], the board of county commissioners shall meet and proceed to canvass the votes cast at such election and declare the result as by this act provided.
If it shall appear that the proposition for the formation of the proposed district has received a majority of the votes cast as hereinbefore provided, said board shall by an order entered upon its minutes declare the proposed drainage district, under the name and style theretofore designated, as having been duly created, established and organized, and in said order shall set forth the names of the persons found to have been duly elected directors as aforesaid. The board shall cause a copy of such order, together with a plat of said district, duly certified by the county clerk, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands shall be situate; and no board of county commissioners of any county wherein shall be included any portion of such district shall, after the date of the organization of such district, allow another district to be formed including any of the lands of such district without the consent of the board of directors thereof; and from and after the date of such filing the organization of such district shall be deemed to be complete, and the officers so as aforesaid elected shall immediately enter upon the discharge of the duties of their respective offices upon qualifying in accordance with law and shall hold such offices respectively until their successors are elected and qualified.
For the purpose of the first election hereinbefore provided for, if in the judgment of the board of county commissioners it is necessary so to do, such board may establish election precincts and polling places in addition to the number hereinbefore prescribed, and define the boundaries thereof, and such precincts may thereafter be changed by the board of directors of such district. In event of additional election precincts and polling places being designated as aforesaid, judges of election for each such precinct shall be appointed, one of whom shall act as clerk of election.
History:
Laws 1917, ch. 22, § 12; C.S. 1929, § 40-212; 1941 Comp., § 77-2012; 1953 Comp., § 75-21-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-13 - [Biennial election date.]

Regular elections of any such district shall be held on the first Tuesday after the first Monday of December of each second calendar year following the first election hereinbefore provided for.
History:
Laws 1917, ch. 22, § 13; C.S. 1929, § 40-213; 1941 Comp., § 77-2013; 1953 Comp., § 75-21-13.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-14 - [Official oaths.]

Within ten days after receiving the certificates of election all officers shall take and subscribe the official oath and file the same in the office of the county clerk of the county wherein the organization was effected and immediately thereafter shall assume the duties of their respective offices.
History:
Laws 1917, ch. 22, § 14; C.S. 1929, § 40-214; 1941 Comp., § 77-2014; 1953 Comp., § 75-21-14.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-15 - [Directors' offices; conduct of elections after organization.]

The offices of the board of directors shall be located in the county where the organization is effected.
Fifteen days prior to any election held under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978], subsequent to the organization of the district the secretary of such district shall cause to be posted in three public places in each precinct notices setting forth the time and place of holding the election and shall also post a general notice of the same in the office of the board. Prior to the time for the posting of such notices the board shall name from the qualified electors of each precinct three judges, one of whom shall act as clerk, who shall constitute a board of election for each such precinct. Should the board fail to name election judges as aforesaid, or should the persons appointed by the board of directors or any thereof fail to attend at the opening of the polls on the morning of the day fixed for any election, the qualified electors of the precinct present at the hour fixed for the opening of the polls may elect person [persons] qualified as aforesaid to act in the place of any absent member of any such board. In its order calling any election the board shall designate the hour and the place of each precinct where the election shall be held.
History:
Laws 1917, ch. 22, § 15; C.S. 1929, § 40-215; 1941 Comp., § 77-2015; 1953 Comp., § 75-21-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-16 - [Chairman of election board; oath of judges; voting hours; certification of returns.]

One of the judges shall be chairman of the election board. Before entering upon the discharge of their duties election judges shall take an oath for the faithful performance of their duties as such in the manner prescribed by the general election laws of the state.
The polls shall be opened at nine o'clock in the morning of the day fixed for any such election and shall be kept open until six o'clock p.m. of the same day. Immediately following the closing of the polls the clerk of the board of election shall forthwith transmit the returns duly certified by the election judges to the secretary of the board of directors of the district.
History:
Laws 1917, ch. 22, § 16; C.S. 1929, § 40-216; 1941 Comp., § 77-2016; 1953 Comp., § 75-21-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For oath of office of election judges,
see
1-2-7 and 1-11-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-17 - [Canvass of returns after organization.]

On the first Monday after any election other than the first election herein provided for, the board of directors shall meet at the office of the district and canvass the returns. If at such time it shall appear that returns from any precinct have not been received the canvass shall be postponed from day to day until same have been received or until six postponements have been had. The canvass shall be made publicly and the result thereof shall be formally declared by the board of directors and entered upon its minutes.
History:
Laws 1917, ch. 22, § 17; C.S. 1929, § 40-217; 1941 Comp., § 77-2017; 1953 Comp., § 75-21-17.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-18 - [Statement of election results; filing; content; certificates of election; filling board vacancies.]

As soon as the result of any election has been declared the secretary of the board of directors shall prepare and file with the county clerk of the county in which the office of the district is located a statement showing: first, a copy of the publication notice of the election; second, the names of the judges of election; third, the total number of votes cast in the district and in each precinct thereof; fourth, the names of the persons voted for; fifth, the number of votes cast in each precinct for each of such persons; sixth, the names of the persons declared elected; seventh, the number of votes cast in each precinct for and against any question submitted to a vote other than the election of directors; eighth, the declared result of the vote upon any such question.
The secretary shall immediately execute and deliver to each elected director a certificate of election signed by such secretary and authenticated with the seal of the board.
In case of a vacancy in the board of directors by death, removal or inability from any cause properly to discharge the duties of the office, such vacancy shall be filled by appointment made by the remaining members of the board, and upon their failure to make such appointment within thirty days after such vacancy occurs then upon petition by five qualified electors of said district, the board of county commissioners of the county wherein the office of the board is situate shall fill any such vacancy. Any director appointed as above provided shall hold his office until the next general election of such district and until his successor is elected and qualified.
History:
Laws 1917, ch. 22, § 18; C.S. 1929, § 40-218; 1941 Comp., § 77-2018; 1953 Comp., § 75-21-18.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-19 - [Duties of directors; contracts with United States; deposit of bonds; contract assessments.]

The directors, having duly qualified, shall organize the board by the election of a president as hereinbefore provided and shall appoint a secretary. The board shall also adopt a seal and shall manage and conduct the affairs and business of the district, make and execute all necessary contracts, employ such agents, attorneys, officers and employees as may be required, and prescribe their duties; and shall establish bylaws, rules and regulations for the government of the affairs of the district and for the management, control, operation and maintenance of the system; and such board shall generally perform all such acts as shall be necessary fully to carry out the purposes of this act [73-8-1 to 73-8-60 NMSA 1978].
Said board may also enter into any obligation or contract with the United States for the construction, operation and maintenance of drainage works, and for the purpose of fully carrying into effect the purposes of this act, including drainage of district lands, or for the assumption as principal or guarantor of indebtedness to the United States on account of the drainage of district lands.
In case contract shall be made with the United States as herein provided, bonds of the district may be deposited with the United States at ninety-five percent of their par value, to the amount to be paid by the district to the United States under any such contract, the interest on such bonds not to exceed six percent per annum and such interest to be provided for by assessment and levy and regularly paid to the United States to be applied as provided for in such contract. If bonds of the district are not so deposited, it shall be the duty of the board of directors to include as part of any levy or assessment provided for by law, an amount sufficient to meet each year all payments accruing under the terms of any such contract.
History:
Laws 1917, ch. 22, § 19; C.S. 1929, § 40-219; 1941 Comp., § 77-2019; 1953 Comp., § 75-21-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For election of president by board,
see
73-8-5 NMSA 1978.
For special action to validate proceedings authorizing contracts with United States,
see
73-8-54 to 73-8-58 NMSA 1978.