reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-62 - [Repeal; saving clause.]

So much of any law as is in conflict or inconsistent with the provisions of this act is hereby repealed; but nothing herein contained shall be held or construed to in any manner affect any irrigation districts organized or to be organized to cooperate with the United States, under the reclamation service laws, or other federal law, under Chapter 60 of [the] New Mexico Statutes, Code 1915, as amended by Chapter 21, Session Laws of 1917 or any other law authorizing the organization of irrigation districts for the purpose of such cooperation. Chapter LX, New Mexico Statutes, Code 1915, Chapter 100 Session Laws 1915, Chapter 21 Session Laws 1917, are hereby repealed.
History:
Laws 1919, ch. 41, § 56; C.S. 1929, § 73-256; 1941 Comp., § 77-2160; 1953 Comp., § 75-22-60.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Chapter 60 of the Code of 1915, repealed by this section, included §§ 2949 to 3004 of the Code of 1915.
The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Cross references.
— For federal reclamation service laws,
see
43 U.S.C. § 371 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 73-10-2 - [Water users under community ditches; voting power unaffected.]

Nothing in the preceding section [73-10-1 NMSA 1978] shall be construed to in any manner affect the rights of water users under community ditches in towns or villages in this state as to their voting power in determining whether any such ditch shall be included in an irrigation district, and each of said water users shall have the same right and voice in determining such question and in the signing of the statement provided for in Section 1 [73-10-1 NMSA 1978] as he has in the control and management of such ditch.
History:
Laws 1919, ch. 20, § 2; C.S. 1929, § 73-102; 1941 Comp., § 77-2202; 1953 Comp., § 75-23-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-3 - [Petition for irrigation district; contents; bond; publication of petition and notice of presentation time.]

For the purpose of the establishment of an irrigation district as provided by this act, a petition shall be filed with the board of county commissioners of the county which embraces the largest acreage of the proposed district; said petition shall state that it is the purpose of petitioners to organize an irrigation district, under the provisions of this act; said petition shall also contain a general description of the boundaries of such proposed district, the means proposed to supply water for the irrigation of the lands embraced therein, the name proposed for such district and shall select a committee of three of said petitioners to present such petition to the board of county commissioners as provided by law, praying that the said board define and establish the boundaries of said proposed district and submit the question of the final organization of the same to the vote of the qualified electors resident within said proposed district; said petition shall be signed by a majority of the resident freeholders within said proposed district, and who shall also be the owners in the aggregate of the majority of the whole number of acres belonging to the resident freeholders within the said proposed district. The said petition shall also be accompanied by a good and sufficient bond, to be approved by said board of county commissioners in double the amount of the probable cost of organizing such district, conditioned for the payment of all costs incurred in said proceedings in case said organization shall not be effected, but in case such organization is so effected, then said expenses incurred by the board of county commissioners shall be paid back to said county by said district. Such petition 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, together with a notice signed by the committee of said petitioners designated in the petition for that purpose, giving the time and place of presentation of the same to the said board of county commissioners.
History:
Laws 1919, ch. 20, § 3; C.S. 1929, § 73-103; 1941 Comp., § 77-2203; 1953 Comp., § 75-23-3.
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 73-10-1 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 § 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 73-10-4 - [Publications to be in English and Spanish.]

All publications required by this act shall be made both in English and Spanish and in every instance the last publication shall be made not less than three days before the time fixed by such publication for the taking of the action therein mentioned.
History:
Laws 1919, ch. 20, § 4; C.S. 1929, § 73-104; 1941 Comp., § 77-2204; 1953 Comp., § 75-23-4.
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 73-10-7 - Districts 25,000 acres or less; qualified electors.

A. In any district having an irrigable area of twenty-five thousand acres or less, a "qualified elector" is any person who:
(1) owns one-half acre or more of agricultural land within the district or has evidence of title to such lands or is a purchaser of such lands under contract for the purchase of such lands from the state; or
(2) is a resident entryman of public lands within the district; and
(3) meets all other requirements of Section 73-10-7 NMSA 1978.
B. Any person who meets the qualifications of Section [Paragraph] A(1) is a resident freeholder.
History:
1953 Comp., § 75-23-6.1, enacted by Laws 1971, ch. 161, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-8 - [Canvass of votes; order declaring district organized; organization complete upon recording of order.]

The said board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the votes cast thereat: and if, upon such canvass, it appears that two-thirds of the votes cast by the qualified electors at such election have voted "Irrigation District - Yes," the said board shall, by order entered on their minutes, declare such territory duly organized as an irrigation district, under the name and style theretofore designated, and shall declare the persons receiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. Said board shall cause a copy of such order, including a plat of said district, duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands are situated, and no board of county commissioners of any county, including any portion of such district, shall, after the date of 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 complete, and the officers thereof shall immediately enter upon 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.
History:
Laws 1919, ch. 20, § 7; 1921, ch. 72, § 1; C.S. 1929, § 73-107; 1941 Comp., § 77-2207; 1953 Comp., § 75-23-7.
ANNOTATIONS
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 to 61.
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 73-10-9 - [First election of directors; biennial elections thereafter.]

At the first regular election of any such irrigation district held after the passage of this act [73-10-8, 73-10-9 NMSA 1978], directors from odd-numbered divisions of any such district shall be elected for a term of two years each, and directors from even-numbered divisions for a term of four years each. At each succeeding biannual [biennial] election for directors, after the first held hereafter, successors to the directors whose terms expire that year shall be elected for a term of four years each.
History:
Laws 1921, ch. 72, § 2; C.S. 1929, § 73-108; 1941 Comp., § 77-2208; 1953 Comp., § 75-23-8.
ANNOTATIONS
Effective dates.
— Laws 1921, ch. 72, contained no effective date provision, but was enacted at a session which adjourned on March 12, 1921.
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 73-10-10 - [Election of officers; oath; bonds of directors.]

The regular election of said district shall be held on the first Tuesday after the first Monday in December in each second calendar year thereafter, at which said officers shall be elected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto. Within ten days after receiving their certificates of election, hereinafter provided for, said officers shall take and subscribe the official oath and file the same in the office of the county clerk of the county where the organization was effected, and thereupon immediately assume the duties of their respective offices. Each member of said board of directors shall execute an official bond in the sum of three thousand dollars ($3,000), which bond shall be approved by the chairman of the board of county commissioners of said county where such organization was effected, and shall be recorded in the office of the county clerk thereof. All official bonds herein provided for shall be in form prescribed by law for official bonds for county officials, except that the obligee named in said bond shall be the said district. Premiums upon bonds of directors and also the premium upon the extra amount of the bond required to be given by the treasurer and ex-officio collector acting as district treasurer under the provisions of this act shall be paid by the district.
History:
Laws 1919, ch. 20, § 8; C.S. 1929, § 73-109; 1941 Comp., § 77-2209; 1953 Comp., § 75-23-9.
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 § 61.
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-11 - [Office of directors; notice of election; judges; time and place.]

The office of the board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this chapter, subsequent to the organization of the district, the secretary who shall be appointed by the board of directors shall cause notice specifying the polling places of each precinct to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the time for posting the notices, said board must appoint from each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at the hour may appoint the board or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the hour and the place in the precinct where the election must be held.
History:
Laws 1919, ch. 20, § 9; C.S. 1929, § 73-110; 1941 Comp., § 77-2210; 1953 Comp., § 75-23-10.
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" means the same as "this act" as used in other sections of Laws 1919, ch. 20.
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 § 61.
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-12 - [Oaths of judges; opening and closing of polls; returns.]

One of the judges shall be chairman of the election board and may: first, administer all oaths required in the progress of any election; second, appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify the oaths required to be administered during the progress of an election. Before opening the polls, each member of the board must take and subscribe an oath to faithfully perform the duties imposed on them [him] by law. An elector of the precinct may administer and certify such oath. The polls must be opened at 8 o'clock in the morning of the election and be kept open until 6 o'clock p.m. of the same day. It shall be the duty of the clerk of the board of election to forthwith deliver the return duly certified by the board of directors of the district.
History:
Laws 1919, ch. 20, § 10; C.S. 1929, § 73-111; 1941 Comp., § 77-2211; 1953 Comp., § 75-23-11.
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 73-10-13 - Absent voting permitted.

A. In any election of officers of the irrigation district, a qualified elector shall be entitled to vote by absent ballot. Absent ballots shall be furnished by the secretary of the board of directors and such ballots shall be in a form prescribed by the board of directors. In addition to the absent ballot, the secretary of the board of directors shall furnish each qualified elector requesting an absent ballot an official inner envelope for use in sealing the completed absent ballot and an official outer envelope for use in returning the inner envelope to the secretary.
B. A qualified elector voting by absent ballot shall secretly mark his ballot, place it in the official inner envelope and securely seal the envelope. He shall then place the inner envelope inside the outer envelope and securely seal the envelope. The qualified elector shall then sign his name and address on the outer envelope and deliver or mail it to the secretary of the board of directors any time prior to the opening of the polls on election day.
C. Upon receipt of an absent ballot, the secretary of the board of directors shall remove the outer envelope and enter in a register the name and address of the qualified elector and the date and time the ballot was received. The secretary shall keep the inner envelope sealed and unmarked or unidentified in any manner as to the qualified elector and place it in a safe place until the opening of the polls on election day. At the time the polls open on election day, the secretary shall deliver all the sealed inner envelopes to the chairman of the election board of the precinct nearest to the office of the district. The sealed inner envelopes shall be accompanied by a signed affidavit setting forth the number of ballots received, the number of ballots delivered and a statement to the effect that the ballots delivered are in the same condition as when received.
D. Absent ballots shall be counted, tallied and canvassed as are other ballots.
History:
1953 Comp., § 75-23-11.1, enacted by Laws 1973, ch. 112, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-14 - [Canvass of votes when all returns received; procedure; declaration of result of election.]

No lists, tally paper or certificates returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. If at the time of meeting the returns from each precinct in the district in which the polls were open have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received the canvass must be postponed from day to day until the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and counting the votes of the districts for each person voted for, and declaring the results thereof. The board shall declare elected the person receiving the highest number of votes so returned for each office and also declare the result of any question submitted.
History:
Laws 1919, ch. 20, § 11; C.S. 1929, § 73-112; 1941 Comp., § 77-2212; 1953 Comp., § 75-23-12.
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 73-10-15 - [Statement of results; certificates of election; vacancy in office of director.]

The secretary of the board of directors must, as soon as the result of any election held under the provisions of this act is declared, enter in the records of such board and file with the county clerk of the county in which the office of said district is located a statement of such results, which statements must show: first, a copy of the published notice of said election; second, the names of the judges of said election; third, the whole number of votes cast in the district and in each precinct of the district; fourth, the names of the persons voted for; fifth, the number of votes given in each precinct for such persons; sixth, the number of votes given in the districts for each of such persons; seventh, the names of the persons declared elected; eighth, the result declared on any question submitted in accordance with the majority of the votes cast for or against such question. The board of directors must declare elected the person having the highest number of votes given for each office, and also the result of any question submitted. The secretary must immediately make out and deliver to such person a certificate of election, signed by him 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, to properly discharge the duties of such director, the vacancy shall be filled by appointment by the remaining members of the board, and upon their failure or inability to act within thirty days after such vacancy occurs, then upon petition of five electors of said district the board of county commissioners of the county where the office of said board of directors is situate, shall fill such vacancy or vacancies. Any director appointed as above provided shall hold his office until the next general election of said district, and until his successor is elected and qualified.
History:
Laws 1919, ch. 20, § 12; C.S. 1929, § 73-113; 1941 Comp., § 77-2213; 1953 Comp., § 75-23-13.
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 73-10-17 - [Regular and special meetings; records; right of entry on lands; right to acquire lands and property.]

The board of directors shall hold a regular quarterly meeting in their office on the first Tuesday in January, April, July and October, and such special meetings as may be required for the proper transaction of business. All special meetings shall be called by the president of the board or a majority of the directors. All meetings of the board must be public, and a majority of the board shall constitute a quorum for the transaction of business. All records of the board must be open to the inspection of any elector during the business hours. And in case any district is appointed fiscal agent of the United States or by the United States is authorized to make collections for or on behalf of the United States in connection with any federal irrigation project, such boards of directors or the secretary thereof shall at any time allow any officer or employe [employee] of the United States, when acting under the order of the secretary of the interior, to have access to all books, records and vouchers of the district which are in possession or control of the secretary or of said board. The board, its agents and employes [employees] shall have the right to enter upon any land in the district to make surveys and to locate any canal or canals and the necessary laterals. Said board shall also have the right to acquire all lands, water rights, franchises and other property necessary for the construction, use, maintenance, repair and improvement of its canals, ditches, reservoirs and waterworks; and shall also have the right by purchase or condemnation to acquire rights-of-way for the construction, enlargement, extension or improvement of any of its ditches, canals, reservoirs or other necessary works.
History:
Laws 1919, ch. 20, § 14; C.S. 1929, § 73-115; 1941 Comp., § 77-2215; 1953 Comp., § 75-23-15.
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 § 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 73-10-18 - [Compensation of board members; president; interest in contracts prohibited; penalty.]

The members of the board of directors other than the president shall receive compensation at the rate of not to exceed five dollars [($5.00)] per day while attending meetings or otherwise necessarily employed in the discharge of their duties and their actual and necessary traveling expenses while engaged in official business. The president of said board shall receive as compensation not to exceed one hundred and fifty dollars [($150)] per annum for each ten thousand acres of land or major fraction thereof included within the district, said compensation to be set by the board of directors, and his actual and necessary traveling expenses while engaged in official business. No director or officer named in this act shall in any manner, be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; nor shall receive any bonus, gratuity or bribe, and for any violation of this provision such officer shall be deemed guilty of a felony, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars [($500)], or by imprisonment in the penitentiary not exceeding five years.
History:
Laws 1919, ch. 20, § 30; C.S. 1929, § 73-131; Laws 1937, ch. 74, § 1; 1941 Comp., § 77-2216; 1953 Comp., § 75-23-16.
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 § 96.
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-19 - [Property acquired by district; title; tax exemption; conveyance to United States.]

The title to all property acquired under the provisions of this act shall immediately and by operation of law vest in such irrigation district, in its corporate name, and shall be held by such district in trust for, and is hereby dedicated and set apart for the uses and purposes set forth in this act, and shall be exempt from all taxation; and said board is authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein provided; provided, that when any district contemplated in this act shall find it necessary to procure and acquire a supply of water from outside the boundaries of this state, then and in such event it shall be lawful for said district to contract and pay for the same in the same manner as other property acquired by the district is purchased and paid for: provided, further, that any property acquired by the district may be conveyed to the United States insofar as the same may be needed for the construction, operation and maintenance of works by the United States for the benefit of the district under any contract that may be entered into by the United States pursuant to this act.
History:
Laws 1919, ch. 20, § 15; C.S. 1929, § 73-116; 1941 Comp., § 77-2217; 1953 Comp., § 75-23-17.
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 § 70.
94 C.J.S. Waters §§ 333 to 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-20 - [Legal status of irrigation district; conveyances; court proceedings.]

The said board is hereby authorized and empowered to take conveyances or assurances for all property acquired by it under the provisions of this act in the name of such irrigation district to and for the purpose herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any of the rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits or proceedings the said board may sue, appear and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits and judicial proceedings in any court of this state of the organization and existence of any irrigation district of this state now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in Section 7 [73-10-8 NMSA 1978], and a certified copy of said order shall be prima facie evidence in all actions, suits and proceedings in any court of this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth; and any such irrigation district, in regard to which any such order has been heretofore or may hereafter be entered, and such certified copy thereof, so filed for record, and which has exercised or shall exercise rights and powers of such district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the formation or organization whereof shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conslusively [conclusively] deemed to be a legally and regularly organized, established and existing irrigation district within the meaning of this act and its due and lawful formation and organization shall not thereafter be questioned in any action, suit or proceeding whether brought under the provisions of this act or otherwise.
History:
Laws 1919, ch. 20, § 16; C.S. 1929, § 73-117; 1941 Comp., § 77-2218; 1953 Comp., § 75-23-18.
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 73-10-21 - [Plan for construction; advertising for bids; contractors bonds.]

After adopting a plan for the construction of canals, reservoirs and works, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation extends, provided a newspaper is published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for proposals or may proceed to construct the work under their own superintendence.
Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge and be approved by the board.
Provided, that the provisions of this section shall not apply in the case of any contract between the district and the United States.
History:
Laws 1919, ch. 20, § 26; C.S. 1929, § 73-127; 1941 Comp., § 77-2219; 1953 Comp., § 75-23-19.
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.
Shorter notice required for project under federal grant.
— Any municipality or political subdivision is permitted to advertise the construction of public works projects when under federal loan or grant for a minimum period, not exceeding five days, regardless of the provisions of any general, special, or local law which may provide for a longer period of advertisement. 1939 Op. Att'y Gen. No. 39-3107.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-22 - [Rights-of-way over private property; eminent domain; state lands.]

The board of directors shall have the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals may intersect or cross; and if such railroad company and said board, or the owners and controllers of said property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land for public uses. The right-of-way is hereby given, dedicated and set apart, to locate, construct and maintain said works or reservoirs, over, through or upon any of the lands which are now, or may be the property of the state.
History:
Laws 1919, ch. 20, § 29; C.S. 1929, § 73-130; 1941 Comp., § 77-2220; 1953 Comp., § 75-23-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For eminent domain,
see
42A-1-1 NMSA 1978.
For public uses,
see
also 42A-3-1 NMSA 1978.
For bridges at crossings,
see
67-7-9 and 72-8-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 89.
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 73-10-24 - [Water supply inadequate; distribution on alternate days.]

In case the volume of water in any canal, reservoir or other works in any district shall not be sufficient to supply the continual wants of the entire district and susceptible of irrigation therefrom, then it shall be the duty of the board of directors to distribute all available water upon certain or alternate days to different localities, as they may in their judgment think best for the interests of all parties concerned.
Provided: that all water the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of congress, and rules and regulations of the secretary of interior and provisions of such contract in relation thereto.
History:
Laws 1919, ch. 20, § 32; C.S. 1929, § 73-133; 1941 Comp., § 77-2222; 1953 Comp., § 75-23-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Duty of district held discretionary.
— An irrigation district's duty to act under this section was discretionary rather than ministerial and consequently was not subject to mandamus.
Brantley Farms v. Carlsbad Irrigation Dist.
, 1998-NMCA-023, 124 N.M. 698, 954 P.2d 763.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 49.
94 C.J.S. Waters § 310.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-25 - [Preservation of prior rights.]

Nothing herein contained shall be deemed to authorize any person or persons, to divert the waters of any river, creek, stream, canal or reservoir to the detriment of any person or persons having a prior right to the waters of such river, creek, stream, canal or reservoir.
History:
Laws 1919, ch. 20, § 33; C.S. 1929, § 73-134; 1941 Comp., § 77-2223; 1953 Comp., § 75-23-23.
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 73-10-26 - [Change of boundaries; effect; assent of secretary of the interior.]

The boundaries of any irrigation district now or hereafter organized under the provisions of this act may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor shall it affect, impair or discharge any contract, obligation, lien or charge, for, or upon which it was or might become liable or chargeable had such change of boundaries not been made; provided, that if the secretary of the interior shall give his assent to a change in boundaries in writing filed with the board of directors, any lands to the exclusion of which from the district assent shall thus be given, shall be discharged from any and all liens in favor of the United States under any contract which shall have been made with the United States and any bonds deposited with its agents.
History:
Laws 1919, ch. 20, § 34; C.S. 1929, § 73-135; 1941 Comp., § 77-2224; 1953 Comp., § 75-23-24.
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 § 60.
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 73-10-27 - [Petition for inclusion of additional lands.]

The holder or holders of title, or evidence of title, of any body of land adjacent to or situate within the boundaries of any irrigation district, may file with the board of directors of said district a petition in writing praying that such lands be included in such district. The petition shall describe the tracts, or body of land owned by the petitioners, but such description need not be more particular than is required when such lands are entered by the county assessor in the assessment book. Such petition shall be deemed to give the assent of the petitioners to the inclusion in said district of the lands described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
History:
Laws 1919, ch. 20, § 35; C.S. 1929, § 73-136; 1941 Comp., § 77-2225; 1953 Comp., § 75-23-25.
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 § 60.
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 73-10-28 - [Publication of notice of petition for including lands; objections; payment of estimated cost of proceedings.]

The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once each week for three successive weeks in a newspaper published in the county where the office of said board is situate, which notice shall state the filing of such petition and the names of the petitioners; a description of the lands mentioned in the petition, and the prayer of said petitioners; giving notice to all persons interested, to appear at the office of said board at a time named in said notice, and to show cause, in writing, if any they have, why the petition should not be granted. The time specified in the notice at which it 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 such petition before the secretary shall be required to give such notice.
History:
Laws 1919, ch. 20, § 36; C.S. 1929, § 73-137; 1941 Comp., § 77-2226; 1953 Comp., § 75-23-26.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 94.
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 73-10-29 - [Hearing on petition for including lands.]

The board of directors, at the time and place mentioned in said notice, or at such time or times to which the hearing of such petition may adjourn, shall proceed to hear the petition, and all objections thereto, presented in writing by any person, showing cause as aforesaid, why said petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the inclusion of such lands in said district as prayed for in said petition.
History:
Laws 1919, ch. 20, § 37; C.S. 1929, § 73-138; 1941 Comp., § 77-2227; 1953 Comp., § 75-23-27.
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 § 94.
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 73-10-30 - [Payment of assessments as condition precedent to granting petition for including lands.]

The board of directors, to whom such petition is presented, may require as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as said petitioners or their grantors would have been required to pay to such district as assessment for the payment of their pro rata share of all bonds and interest thereon, which may have previously thereto been issued by said district, or for the payment of the pro rata share of the cost of construction under any contract between the district and the United States accompanying which bonds of the district have not been deposited with the United States as in this act provided, had such lands been included in such district at the time the same was originally formed or when said bonds were so issued, or when said contract with the United States was made; provided, that in case unentered public land is proposed to be annexed to the district the board of directors of the district instead of requiring such payment as a condition precedent, may assess such charges against such unentered public land upon the records of the district to be collected in the manner authorized by the said act of congress of August 11, 1916.
History:
Laws 1919, ch. 20, § 38; C.S. 1929, § 73-139; 1941 Comp., § 77-2228; 1953 Comp., § 75-23-28.
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 the provisions of the Act of Congress of August 11, 1916,
see
43 U.S.C. §§ 621 to 630, "An Act to Promote the Reclamation of Arid Lands.".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 70.
94 C.J.S. Waters § 332.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 10 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Formation and Management › Section 73-10-31 - [Order granting or rejecting petition for including lands; description of boundaries; protest of electors.]

The board of directors if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall by order reject the said petition, but if they deem it for the best interests of the district that said lands be included the board may order that the district be so changed as to include therein the lands mentioned in the said petition. The order shall describe the entire boundaries of the district with the lands so included, if the district boundaries be changed thereby, and for that purpose the board may cause a survey to be made of such portion of such boundaries as may be deemed necessary; 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 inclusion of such lands in said district, said order shall be held for naught and said lands shall not be included therein.
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 be filed with the board of directors.
History:
Laws 1919, ch. 20, § 39; C.S. 1929, § 73-140; 1941 Comp., § 77-2229; 1953 Comp., § 75-23-29.
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 inclusion of lands,
see
73-11-6 to 73-11-10 NMSA 1978.