reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-59 - [Appraisement; notice to landowners; contents; service; return.]

Before proceeding to examine the land or lands over which the new ditch should be opened, the appraisers shall give the owner or owners of such land or lands, not less than three nor more than ten days' notice in writing of the time and place they will meet to examine and appraise said land or lands; such notice shall also contain a description as near as can be ascertained, of such proposed ditch, enlargement, extension or reconstruction, the point of entry and the direction thereof, upon said land or lands, and that at such time and place the said appraisers will hear and consider any evidence the owner or owners may desire to present as to the damages he or they will sustain by reason of his or their land or lands being so ditched. The notice herein provided for shall be served upon such owner or owners, and the returns made thereon by the constable of the precinct, or the sheriff of the county, in the same manner as service is made in civil cases, in justice of the peace courts [magistrate courts]; the notice and returns showing the manner in which the same was served shall be filed by the appraisers with the justice of the peace [magistrate] who appointed them, at the time they file their report.
History:
Laws 1919, ch. 39, § 4; C.S. 1929, § 151-460; 1941 Comp., § 77-1455; 1953 Comp., § 75-14-56.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
Cross references.
— For service in civil cases in magistrate courts,
see
Rule 2-203 NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-60 - [Report of appraisers; contents.]

Whenever any land or lands of any person or persons are to be appraised, as in the cases above mentioned, the experts who shall make such appraisement, shall make a report which shall be filed in the office of the justice of the peace [magistrate] who appointed them, setting forth therein the name of the person whose land was appraised, and the sum to be paid him by the parties interested in the public ditch for which the opening on the land is solicited; they shall also state in said report, in the most distinct manner possible, the direction and the place and point where the opening for such ditch shall be made upon said land.
History:
Laws 1919, ch. 39, § 5; C.S. 1929, § 151-461; 1941 Comp., § 77-1456; 1953 Comp., § 75-14-57.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-61 - [Payment of appraised value; right to possession; forcible entry and detainer.]

The parties interested shall possess the right of property in the land or lands paid for under the five preceding sections [73-2-56 to 73-2-60 NMSA 1978], and in case of legal resistance being made to the possession of the land by the parties interested in a public ditch, they may compel the person or persons who interpose such resistance to desist therefrom, by an action of forcible entry and detainer, as provided by law, but the parties interested shall first pay the appraised value of such land or lands provided that said appraisers shall be impartial persons.
History:
Laws 1919, ch. 39, § 6; C.S. 1929, § 151-462; 1941 Comp., § 77-1457; 1953 Comp., § 75-14-58.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The "five preceding sections" referred to in the section means Laws 1919, Ch. 39, §§ 1-5, now compiled as 73-2-56 to 73-2-60 NMSA 1978.
Cross references.
— For action of forcible entry and detainer,
see
Chapter 35, Article 10 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-62 - [Appeal from appraisement to district court.]

Any person or persons aggrieved by the amount of damages assessed or allowed by any appraisers appointed as provided for in the foregoing sections, may appeal by himself, his agent or attorney to the district court of the county where the same was rendered, in the same manner as appeals are taken from judgments rendered in justice of the peace courts [magistrate courts], provided that the only issue on any such appeal shall be the amount of damages sustained by such landowner or owners.
History:
Laws 1919, ch. 39, § 7; C.S. 1929, § 151-463; 1941 Comp., § 77-1458; 1953 Comp., § 75-14-59.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
Cross references.
— For procedure for appeal from magistrate court to district court,
see
35-13-1 to 35-13-3 NMSA 1978, and Rule 2-705 NMRA.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
Prior remedy was petition for writ of certiorari.
— Certiorari was the proper remedy to bring up for review all the proceedings before a justice on condemnation of land for ditch purposes.
Leyba v. Armijo
, 1902-NMSC-017, 11 N.M. 437, 68 P. 939 (decided under former law).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-63 - [Change in place of diversion; permit unnecessary.]

It shall not be necessary for the officers of public community acequias established and in operation prior to March 19, 1907, to make any application to, or obtain any permit from, the state engineer or the board of water commissioners in order to change the place of diversion; provided that by such change no increase in the amount of water appropriated shall be made beyond the amount to which the acequia was formerly entitled.
History:
Laws 1912, ch. 26, § 1; Code 1915, § 5771; C.S. 1929, § 151-441; 1941 Comp., § 77-1459; 1953 Comp., § 75-14-60.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1923, ch. 28, § 4, compiled as 72-2-11 NMSA 1978, abolished the board of water commissioners and provided for the transfer of the board's records to the state engineer.
Cross references.
— For general requirement that changing point of diversion be approved by state engineer,
see
72-5-24 NMSA 1978.
For the state engineer,
see
72-2-11 NMSA 1978.
Generally as to regulation by state engineer.
— Prior existing right to change place of diversion is not subject to regulation by state engineer under Laws 1907, ch. 49 (now Section 72-5-24 NMSA 1978).
Pueblo of Isleta v. Tondre
, 1913-NMSC-067, 18 N.M. 388, 137 P. 86 (decided under law prior to enactment of this section).
Approval of change in acequia necessary once water rights adjudicated.
— If the water rights of an acequia have been adjudicated, then the state engineer must approve any change in amount or location of diversion, regardless of whether or not it is a community acequia.
Honey Boy Haven, Inc. v. Roybal
, 1978-NMSC-088, 92 N.M. 603, 592 P.2d 959.
Change in place of diversion contemplated by section
is one in which exigencies require immediate reconstruction.
Honey Boy Haven, Inc. v. Roybal
, 1978-NMSC-088, 92 N.M. 603, 592 P.2d 959.
Law reviews.
— For comment on Mathers v. Texaco, Inc., 77 N.M. 239, 421 P.2d 771 (1966),
see
7 Nat. Resources J. 433 (1967).
For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas,"
see
11 Nat. Resources J. 48 (1971).
For article, "New Mexico Water Law: An Overview and Discussion of Current Issues,"
see
22 Nat. Resources J. 1045 (1982).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-65 - Acequia commission; created; membership; terms.

A. There is created the "acequia commission", which is administratively attached to the local government division of the department of finance and administration.
B. The acequia commission shall be appointed by the governor and shall consist of eleven members who reside in the irrigated areas of the state containing acequias. Members shall own land irrigated from an acequia or community ditch organized pursuant to a ditch or acequia statute. Each member appointed by the governor shall serve a term of four years.
C. The initial appointments to the acequia commission shall include the ten persons serving as members of the governor's acequia commission, organized pursuant to executive order 88-06, and one member of the public who has a background in business. Of the initial appointees, four members shall be appointed by lot for two-year terms, four members shall be appointed by lot for three-year terms and three members shall be appointed by lot for four-year terms.
D. The acequia commission shall meet at the call of the chairman not less than quarterly and not more than once a month. The chairman shall be elected from among the members of the commission.
History:
Laws 1993, ch. 293, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-66 - Powers and duties.

The acequia commission shall:
A. provide advice and assist the governor, legislature, office of the state engineer and interstate stream commission and the United States army corps of engineers in establishing acequia and community ditch rehabilitation priorities and other acequia and community ditch matters;
B. serve as a facilitator for communication between acequia and community ditch associations and state and federal agencies; and
C. review and comment on any plan or legislation affecting acequias or community ditches to the governor, the legislature, the secretary of agriculture and the interstate stream commission.
History:
Laws 1993, ch. 293, § 2.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-68 - Per diem.

The members of the acequia commission shall be paid in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 1993, ch. 293, § 4.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2A - Acequia and Community Ditch Fund › Section 73-2A-1 - Short title.

This act [73-2A-1 to 73-2A-3 NMSA 1978] may be cited as the "Acequia and Community Ditch Fund Act".
History:
Laws 1988, ch. 157, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2A - Acequia and Community Ditch Fund › Section 73-2A-2 - Purpose of act.

The purpose of the Acequia and Community Ditch Fund Act is to provide financial assistance to acequias and community ditch systems to develop hydrological studies, acquire technical and legal research and other information and services necessary to conserve and protect water for New Mexico's future through the adjudication of water rights.
History:
Laws 1988, ch. 157, § 2.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-1 - Officers; election; bonds; vacancies.

The officers of community ditches or acequias shall consist of three commissioners and one mayordomo or superintendent, each of whom shall be the owner of an interest in the ditch or the water therein. The officers shall be elected biennially on the first Monday of October of the odd numbered years and shall assume the duties of their offices not later than the first Monday of the following November. On or before the first Monday of November, the commissioners shall organize by the election of one of their number as chairman, another as secretary and the other as treasurer. The mayordomo and the treasurer, separately, shall give a bond to the state in a sum to be fixed by the commissioners. The condition of the bonds [is] to be for the accounting of all money coming into their hands by virtue of their respective offices and for the faithful performance of their respective duties. Two commissioners shall constitute a quorum and be a full board for the transaction of business at all times. In the event of a vacancy in the office of a mayordomo, the commissioners shall immediately appoint a mayordomo or superintendent to hold office until his successor is elected and qualified. In case of a vacancy in the office of a commissioner, the other two commissioners and the mayordomo, or any two of them, shall immediately appoint his successor who shall immediately qualify and hold his office until his successor is qualified. In case of the joint vacancy of two or more commissioners, a majority of the owners of the water rights in the ditch shall immediately appoint their successors who shall qualify and hold office as herein provided.
History:
Laws 1903, ch. 32, § 1; Code 1915, § 5787; C.S. 1929, § 151-501; 1941 Comp., § 77-1501; 1953 Comp., § 75-15-1; Laws 1987, ch. 64, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The Code of 1915, ch. CXIV, Article 3, "Provisions Applicable Only in Counties of Bernalillo, Sandoval, Sierra and Socorro Counties". The Code of 1915, ch. CXIV 3, § 5797 specifically provided that Article 3 shall not be applied to Dona Ana, Grant, Otero, Luna, Lincoln, Chavez, Eddy, Santa Fe, San Miguel, Mora, Guadalupe, Colfax, Union, Taos, Rio Arriba, San Juan, Quay, McKinley, Roosevelt or Valencia counties, as the same existed on March 11, 2003. Chapter CXIV, Article 3 of the Code of 1915 is a continuation of the Laws 1903, ch. 32.
Cross references.
— For counties to which this section does not apply,
see
73-3-11 NMSA 1978.
The 1987 amendment,
effective June 19, 1987, added the present section heading; in the second sentence, substituted "biennially" for "annually" and inserted "of the odd numbered years" following "October"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters §§ 339, 344.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-2 - [Compensation of officers.]

The mayordomo shall receive such compensation for his services as may be mutually fixed between him and a majority of the owners of said ditch. The commissioners shall receive such compensation as may be mutually fixed between them and a majority of the owners of said ditch and upon failure to so fix such compensation, then they shall receive such compensation as is provided by law.
History:
Laws 1903, ch. 32, § 7; Code 1915, § 5788; C.S. 1929, § 151-504; 1941 Comp., § 77-1502; 1953 Comp., § 75-15-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For counties to which this section does not apply,
see
73-3-11 NMSA 1978.
For compensation of commissioners generally,
see
73-2-23 NMSA 1978.
Majority of owners of land irrigated must determine pay.
— Pay of mayordomos of acequias must be determined by majority of owners of land irrigated. 1915 Op. Att'y Gen. No. 15-1479.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-4.1 - Commissioners; additional duties; approval of changes in place or purpose of use of water; appeals.

Pursuant to rules or bylaws duly adopted by its members, an acequia or community ditch may require that a change in the point of diversion or place or purpose of use of a water right served by the acequia or community ditch, or a change in a water right so that it is moved into and then served by the acequia or community ditch shall be subject to the approval by the commissioners. The change may be denied only if the commissioners determine that it would be detrimental to the acequia or community ditch or its members. The commissioners shall render a written decision explaining the reasons for the decision. If the person proposing the change or a member of the acequia or community ditch is aggrieved by the decision of the commissioners, he may appeal the decision in the district court of the county in which the acequia or community ditch is located within thirty days of the date of the decision. The court may set aside, reverse or remand the decision if it determines that the commissioners acted fraudulently, arbitrarily or capriciously or that they did not act in accordance with law.
History:
Laws 2003, ch. 82, § 3 and 2003, ch. 135, § 3.
ANNOTATIONS
Duplicate laws.
— Laws 2003, ch. 82, § 3 and Laws 2003, ch. 135, § 3, both effective March 1, 2004, enacted identical new sections.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-5 - [Community ditches; laborers; refusing to work; fines.]

The owners of said community ditches or their bosses or representatives shall labor therein in proportion to their lands under cultivation. It shall be their duty to furnish the number of laborers, proportionate to their lands, required by the mayordomo, at the time and place he may designate for the purposes mentioned in the foregoing section [73-3-4 NMSA 1978], and for the time he may deem necessary. If any person thus required shall wilfully neglect or refuse to comply with such requirements of the mayordomo, after having been duly notified by the mayordomo or his agent, he shall be fined, for each offense, in a sum not exceeding five dollars ($5.00), for the benefit of said ditch or acequia, which shall be recovered by the mayordomo in a summary way, and in case of default in the payment of said fine, it may be recovered by the mayordomo before any justice of the peace [magistrate court] in the county, within fifteen days after such default, and in such cases, the mayordomo may be a competent witness to testify therein.
History:
Laws 1903, ch. 32, § 4; Code 1915, § 5791; C.S. 1929, § 151-507; 1941 Comp., § 77-1505; 1953 Comp., § 75-15-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
Compiler's notes.
— The "foregoing section" referred to in this section means § 5790, Laws 1915, now compiled as 73-3-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-6 - Persons in default in work or payments; right to use of water denied.

No person, who has after written notice failed or refused to do his work or pay the amount assessed against him in lieu of such work upon the community ditch or acequia, shall be allowed to take or use any water from such community ditch or acequia or lateral thereof, while in default in such payment or failure to do such work.
History:
1953 Comp., § 75-15-5.1, enacted by Laws 1961, ch. 60, § 1.
ANNOTATIONS
Cross references.
— For denial of right to use water,
see
73-2-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-7 - [Inevitable accidents; excuse from labor.]

In cases of inevitable accidents, such as continual and prolonged droughts, tempests or floods, producing the total or very material failure of crops or expectant crops, the commissioners may, in their discretion, totally or partially exempt the person or persons thus situated from the requirements of the foregoing section [73-3-5 NMSA 1978] relative to continuous labor for lands under cultivation as the circumstances of the case may require. Such exemption or exemptions shall be consistent with the facts and circumstances of the premises and shall not extend to lands thereafter irrigated. Such action by said commissioners shall be reduced to writing and shall become a part of their records.
History:
Laws 1903, ch. 32, § 5; Code 1915, § 5792; C.S. 1929, § 151-508; 1941 Comp., § 77-1506; 1953 Comp., § 75-15-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— "The foregoing section" referred to in this section is § 5791, Laws 1915, presently compiled as 73-3-5 NMSA 1978.
Cross references.
— For counties to which this section does not apply,
see
73-3-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-8 - [Mayordomo; failing to perform duties; malfeasance.]

If any mayordomo of any community ditch or acequia, after having undertaken to serve as such, shall wilfully neglect or refuse to perform any of the duties of his office, or conduct himself with impropriety or injustice in his office as mayordomo or take any bribe in money, property or otherwise as inducement to act improperly, he shall, upon conviction before any justice of the peace [magistrate court] within the county where such offense is committed, be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment in the county jail not exceeding thirty days or by both such fine and imprisonment, at the discretion of the court or jury trying the case.
History:
Laws 1903, ch. 32, § 8; Code 1915, § 5794; C.S. 1929, § 151-511; 1941 Comp., § 77-1507; 1953 Comp., § 75-15-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
Cross references.
— For counties to which this section does not apply,
see
73-3-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-9 - [Ditch commissioner; neglect of duties.]

Any wilful neglect of his duties or abuse of his powers by any ditch commissioner shall be deemed a misdemeanor and any such commissioner, upon conviction thereof before any justice of the peace [magistrate court] within the county where such offense is committed, shall be fined in a sum not exceeding twenty-five dollars ($25.00) recoverable in the manner provided by law.
History:
Laws 1903, ch. 32, § 9; Code 1915, § 5795; C.S. 1929, § 151-512; 1941 Comp., § 77-1508; 1953 Comp., § 75-15-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
Cross references.
— For counties to which this section does not apply,
see
73-3-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-10 - [Appeals to district court.]

In all cases of conviction under this article, when the fine assessed by the justice of the peace [magistrate court] is the sum of three dollars ($3.00) or less, an appeal shall be granted to the district court only when all the accrued costs shall have been paid; which appeal shall be taken and conducted as all other appeals from the decision of justices of the peace [magistrates].
History:
Laws 1903, ch. 32, § 10; Code 1915, § 5796; C.S. 1929, § 151-513; 1941 Comp., § 77-1509; 1953 Comp., § 75-15-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
Compiler's notes.
— The words "this article" were substituted for "this act" by the 1915 Code; the reference is to Chapter CXIV, Article II, §§ 5787 to 5791 of the 1915 Code, now compiled as 73-3-1 to 73-3-5 and 73-3-7 to 73-3-11 NMSA 1978.
Cross references.
— For counties to which this section does not apply,
see
73-3-11 NMSA 1978.
For procedures governing appeals to the district court from magistrate courts in trial de novo cases,
see
Rule 1-072 NMRA.
For procedure for appeal from magistrate court to district court,
see
35-13-1 to 35-13-3 NMSA 1978, and Rule 2-705 NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties › Section 73-3-11 - Counties in which not in effect.

None of the parts or provisions of this article or any section thereof shall apply or be construed to be in force or effect in any of the following counties, viz.: Dona Ana, Grant, Otero, Luna, Lincoln, Chaves, Eddy, Santa Fe, Guadalupe, Colfax, Union, Rio Arriba, San Juan, Quay, McKinley, Roosevelt, as the same existed on the 11th day of March, 1903.
History:
Laws 1903, ch. 32, § 12; Code 1915, § 5797; Laws 1917, ch. 68, § 1; C.S. 1929, § 151-514; 1941 Comp., § 77-1510; 1953 Comp., § 75-15-10.
ANNOTATIONS
Compiler's notes.
— The words "this article" were substituted for "this act" by the 1915 Code; the reference is to Chapter CXIV, Article II, §§ 5787 to 5791 of the 1915 Code, now compiled as 73-3-1 to 73-3-5 and 73-3-7 to 73-3-11 NMSA 1978.
The 1917 amendment excluded the counties of San Miguel, Mora, Taos and Valencia from the list.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 4 - Mill Ditches › Section 73-4-1 - [Mill ditches; course not to be changed.]

The course of any mill ditch, already constructed shall not be changed, unless it be through some irrigating ditch to the cultivated lands which shall have the preference.
History:
Laws 1899, ch. 61, § 1; Code 1915, § 5798; C.S. 1929, § 151-601; 1941 Comp., § 77-1701; 1953 Comp., § 75-16-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Mill ditch easement.
— Adverse, continuous and uninterrupted use for 21 years for milling purposes of water from an artificial ditch supplied from a nonnavigable river, with knowledge and acquiescence of owners of adjoining land over which the water flows, established an easement in the absence of permission or license, and subsequent purchaser of such lands takes subject to such easement, having only a qualified right to use of so much water as will not interfere with the mill.
Trambley v. Luterman
, 1891-NMSC-016, 6 N.M. 15, 27 P. 312.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
78 Am. Jur. 2d Waters § 20.
Right to hasten the flow and increase the volume of water in a stream by alterations or improvements in the bed, 9 A.L.R. 1211.
93 C.J.S. Waters §§ 38, 144 to 152.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 4 - Mill Ditches › Section 73-4-2 - [Right-of-way for mill ditch; appointment of arbitrators.]

Whenever it may become necessary for the owner or owners of a mill to construct a mill ditch, when the same is to be constructed in whole or in part over the land of another owner, and the said owner does not permit the construction of said ditch, then and in that event, the owner of the mill and the owner of the land over which the ditch is to pass shall apply to the justice of the peace [magistrate], of the precinct asking him to appoint three arbitrators or assessors, each party shall name one and the justice [magistrate] shall name the third, but if the landowner refuses to name one then the justice [magistrate] shall name two and the owner of the mill one.
History:
Laws 1899, ch. 61, § 2; Code 1915, § 5799; C.S. 1929, § 151-602; 1941 Comp., § 77-1702; 1953 Comp., § 75-16-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 4 - Mill Ditches › Section 73-4-3 - [Arbitrators; assessment of damages; payment.]

The justice of the peace [magistrate court] shall make a record of the fact that the arbitrators or assessors were appointed and shall swear them to act faithfully and impartially, as such arbitrators and to report to the said justice of the peace [magistrate] the amount by them assessed in order that the same may be turned over to the justice of the peace [magistrate] and by him turned over to the owner or owners of the land over which said ditch passes, and the said amount shall be paid in cash.
History:
Laws 1899, ch. 61, § 3; Code 1915, § 5800; C.S. 1929, § 151-603; 1941 Comp., § 77-1703; 1953 Comp., § 75-16-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 4 - Mill Ditches › Section 73-4-4 - [Mill owner may construct ditch on award.]

If the owner of the mill for which the ditch is desired pays the amount assessed against him, as above required, he may construct his ditch as the same may be designated by the arbitrators and according to the record of the justice of the peace [magistrate court] of the report of the said arbitrators.
History:
Laws 1899, ch. 61, § 4; Code 1915, § 5801; C.S. 1929, § 151-604; 1941 Comp., § 77-1704; 1953 Comp., § 75-16-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 5 - Water Users' Associations › Section 73-5-1 - [Water users associations; how organized.]

Whenever the owners of lands, reservoirs or irrigation ditches in any county or adjoining counties in this state may desire to enter into mutual undertaking to construct, maintain and operate storage reservoirs, diversion dams, irrigating ditches, canals or other irrigation works, or to combine their several irrigating ditches, canals or other works into one or more irrigation systems, or to improve, enlarge or add to the same, for their mutual advantage, they may organize a water users' association under the provisions of this chapter [this article].
History:
Laws 1909, ch. 76, § 1; Code 1915, § 5645; C.S. 1929, § 150-101; 1941 Comp., § 77-1601; 1953 Comp., § 75-17-1.
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 chapter" for "this act," presumably to refer to Code 1915, ch. 113, the provisions of which are derived from Laws 1909, ch. 76, and are compiled in the present article as 73-5-1 to 73-5-9 NMSA 1978.
Cross references.
— For succession of irrigation districts to rights and duties of water users' associations,
see
73-10-45 NMSA 1978.
For control of animals within territory of water users' associations,
see
77-14-8 to 77-14-24 NMSA 1978.
Water users association not within commission's jurisdiction.
— A water users association formed under this article is not a mutual domestic water consumer within the meaning of 62-9-1 NMSA 1978; further, absent any evidence showing the association was subject to the Public Utility Act, it did not come within the jurisdiction of the public utility commission.
Morningstar Water Users Ass'n v. N.M. Pub. Util. Comm'n
, 1995-NMSC-062, 120 N.M. 579, 904 P.2d 28.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters §§ 340, 353, 399.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 5 - Water Users' Associations › Section 73-5-2 - Certificate of organization; contents.

The incorporators of a water users' association shall execute a certificate setting forth:
A. the name of the association. No name shall be assumed that is in use by another association or corporation in this state, or so nearly similar as to lead to uncertainty or confusion;
B. the names of the incorporators;
C. the location of the association's principal office in this state;
D. the objects and purposes of the association, the county or counties in which its operations are to be carried on and the general description of the lands to be irrigated and the reservoirs, canals, ditches or works to be constructed, enlarged, combined or used under the management of the association;
E. the amount of capital stock and number and denomination of the shares, or if the incorporators do not desire to issue shares of stock, the plan and manner of acquiring membership and of providing funds or means for the acquisition, construction, improvement and maintenance of its works and for its necessary expenses;
F. the period if any limited for the duration of the association;
G. the number and manner of electing the board of directors, trustees or governing board of the association, and may name the persons who shall serve as such for the first three months or until their successors are elected and qualified;
H. the address of its initial registered office and the name of its initial registered agent at that address; and
I. any provision, not inconsistent with Chapter 73, Article 5 NMSA 1978 or other law of this state, which the incorporators may choose to insert for the regulation and conduct of the business and affairs of the association, extending its membership, enlarging or changing the scope of its operations, creating and enforcing a lien upon the lands, reservoirs, canals, ditches, works and water rights of the association or its members for the cost of acquisition, construction, repair, improvement and maintenance of reservoirs, canals, ditches and other works, collecting the necessary funds for expenses and purposes of the association, defining or limiting its powers and for its dissolution and the distribution or other disposition of its property.
History:
Laws 1909, ch. 76, § 2; Code 1915, § 5646; C.S. 1929, § 150-102; 1941 Comp., § 77-1602; 1953 Comp., § 75-17-2; 2001, ch. 200, § 82.
ANNOTATIONS
Compiler's notes.
— The 1915 Code substituted "this chapter" for "this act," to refer to Code 1915, ch. 113, the provisions of which are derived from Laws 1909, ch. 76, and are compiled in the present article as 73-5-1 to 73-5-9 NMSA 1978.
The 2001 amendment,
effective July 1, 2001, substituted "The incorporators of a water users' association" for "They"; added Subsection H, redesignating the remaining subsections accordingly; and deleted "the certificate or any amendment thereof made as in this chapter provided may also contain" from the beginning of Subsection I.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 5 - Water Users' Associations › Section 73-5-3 - Acknowledgment; recording; evidence.

The certificate shall be acknowledged as required for deeds of real estate and shall be filed in the office of the secretary of state. A copy thereof duly certified by the secretary of state shall be recorded in the office of the county clerk of the county or counties where the lands or works are located, and the certificate or a copy thereof duly certified by the secretary of state or county clerk shall be evidence in all courts and places.
History:
Laws 1909, ch. 76, § 3; Code 1915, § 5647; C.S. 1929, § 150-103; 1941 Comp., § 77-1603; 1953 Comp., § 75-17-3; 2013, ch. 75, § 45.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that the certificate of organization be filed with the secretary of state; added the title of the section; in the first sentence, after "filed in the office of the", deleted "state corporation commission and" and added "secretary of state"; in the second sentence, after "A copy thereof duly certified by" deleted "said commission" and added "the secretary of state" and after "or a copy thereof duly certified by the", deleted "commission" and added "secretary of state".
Association must pay fee.
— Water users' associations that desire to organize as nonprofit corporations must pay fee for filing the certificate of incorporation, as provided for in Section 53-2-1 NMSA 1978. 1943 Op. Att'y Gen. No. 43-4250.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 5 - Water Users' Associations › Section 73-5-4 - [Water users associations; bodies corporate; powers.]

Upon the filing of such certificate and copy thereof as provided in the preceding section [73-5-3 NMSA 1978] the persons so associating, their successors and those who may thereafter become members of said association, shall constitute a body corporate by the name set forth in such certificate and by such name may sue and be sued, and shall have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property real and personal and to do any other act or thing necessary or proper for carrying out the purposes of their organization.
History:
Laws 1909, ch. 76, § 4; Code 1915, § 5648; C.S. 1929, § 150-104; 1941 Comp., § 77-1604; 1953 Comp., § 75-17-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Association may operate irrigation system, borrow and issue bonds.
— Association has the capacity to maintain and operate an irrigation system to furnish water to its members and to borrow money and issue its bonds when necessary. 1935 Op. Att'y Gen. No. 35-1175.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 5 - Water Users' Associations › Section 73-5-5 - Amendments to certificate.

Every such association may change its name, increase or decrease its capital stock or membership, change the location of its principal office in this state, extend the period of its existence and make such other amendment, change or alteration as may be desired, not inconsistent with Chapter 73, Article 5 NMSA 1978 or other law of this state, by a resolution adopted by a vote of two-thirds in interest of the shareholders or members present at any regular or special meeting duly held upon such notice as the bylaws provide or, in the absence of such provision, upon twenty days' notice in writing given personally or by mail. The notice shall state that the amendment or change is to be voted upon at such meeting and the nature and purpose thereof, and provided, further, that a majority in interest of the shareholders or members are present at the meeting in person or by duly authorized representative. A certified copy of the resolution with the affidavit of the president and secretary that the resolution was duly adopted by a two-thirds' vote of the shareholders or members at a meeting held in accordance with the provisions of this section shall be filed and recorded as provided for filing and recording the original certificate of incorporation. The certificate of incorporation shall be deemed to be amended accordingly and a copy of the certificate of amendment certified by the secretary of state or the county clerk shall be accepted as evidence of such change or amendment in all courts and places.
History:
Laws 1909, ch. 76, § 5; Code 1915, § 5649; C.S. 1929, § 150-105; 1941 Comp., § 77-1605; 1953 Comp., § 75-17-5; 2013, ch. 75, § 46.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required the secretary of state of certify certificates of amendment to articles of incorporation; added the title of the section; and in the fourth sentence, after "certified by the", deleted "state corporation commission" and added "secretary of state".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 5 - Water Users' Associations › Section 73-5-6 - [First meeting; notice.]

The first meeting of every such association shall be called by a notice signed by a majority of the incorporators, or by the directors, trustees or governing board named in the certificate of incorporation, which notice shall be served personally or by mail at least ten days prior to the date for said meeting.
History:
Laws 1909, ch. 76, § 6; Code 1915, § 5650; C.S. 1929, § 150-106; 1941 Comp., § 77-1606; 1953 Comp., § 75-17-6.
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 5 - Water Users' Associations › Section 73-5-7 - [Bylaws, rules and regulations.]

The power to make and alter bylaws or rules and regulations for the management and operation of the works of the association, the distribution of the waters thereof and the control and conduct of its business and affairs shall be in the shareholders or members, but the incorporators may, in the certificate of incorporation, confer such power upon the directors, trustees or governing board. Bylaws or rules and regulations made or altered under power so conferred may nevertheless be altered or repealed by the shareholders or members.
History:
Laws 1909, ch. 76, § 7; Code 1915, § 5651; C.S. 1929, § 150-107; 1941 Comp., § 77-1607; 1953 Comp., § 75-17-7.
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 5 - Water Users' Associations › Section 73-5-8 - [Officers; selection; terms; vacancies.]

Such associations may have such officers or agents chosen or appointed in such manner and for such terms as may be provided by the bylaws. Vacancies occurring among such officers or among the directors, trustees or governing board shall be filled as provided by the bylaws, or in the absence of such provision by the directors, trustees or governing board.
History:
Laws 1909, ch. 76, § 8; Code 1915, § 5652; C.S. 1929, § 150-108; 1941 Comp., § 77-1608; 1953 Comp., § 75-17-8.
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 5 - Water Users' Associations › Section 73-5-9 - Rights-of-way; eminent domain.

Such associations shall have the right of way over all property formerly belonging to the territory of New Mexico, for its canals, ditches or other works and shall have and exercise the same right to enter upon property to make surveys, and the same right to take and acquire property and rights-of-way for their reservoirs, canals, ditches and works, as is provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History:
Laws 1909, ch. 76, § 9; Code 1915, § 5653; C.S. 1929, § 150-109; 1941 Comp., § 77-1609; 1953 Comp., § 75-17-9; Laws 1981, ch. 125, § 56.
ANNOTATIONS
The 1981 amendment
substituted "right of way" for "right-of-way" near the beginning of the section, substituted "property" for "lands" twice in the section and substituted "the Eminent Domain Code" for "Section 5892" of the Code of 1915 at the end of the section.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-2 - [Petition amendment; consolidation.]

The court may at any time permit the petition to be amended in form and substance to conform to the facts, if the facts justify the organization of a drainage district. Several similar petitions for the organization of the same district may be circulated, and when filed, shall together be regarded as one petition having as many signers as there are separate adult signers on the several petitions filed, who own lands within said proposed drainage district. All petitions for the organization of said district filed prior to the hearing on said petition shall be considered by the court, the same as if filed with the first petitions placed on file, and the signatures thereon contained shall be counted in determining whether sufficient landowners have signed said petition.
History:
Laws 1912, ch. 84, § 2; Code 1915, § 1878; C.S. 1929, § 40-102; 1941 Comp., § 77-1802; 1953 Comp., § 75-19-2.
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 §§ 28, 29.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-3 - [Noncontiguous lands.]

Said territory need not be contiguous, providing that agricultural interests will be promoted by such drainage of each part thereof, and the benefits of the proposed work in each part will exceed the damages from and cost of said proposed work in each part; and provided, further, that the court shall be satisfied that said proposed work can be more cheaply done if in a single district than otherwise.
History:
Laws 1912, ch. 84, § 3; Code 1915, § 1879; C.S. 1929, § 40-103; 1941 Comp., § 77-1803; 1953 Comp., § 75-19-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 9; 94 C.J.S. Waters § 243(3).