reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-32 - Additional duties of department.

In addition to all other powers and duties of the department, it shall:
A. upon request and within budget limitations, provide land-use planning assistance in the areas of terrain management consisting of flood control, drainage, erosion and measures required for adapting proposed development to existing soil characteristics and topography; and
B. with the advice of the commission, divide the state into six soil and water conservation regions and assign each of the currently created soil and water conservation districts or those created in the future to one of the six geographical regions. Division and assignment may be amended from time to time with the advice of the commission as the boundaries of the districts alter or other conditions warrant.
History:
1953 Comp., § 45-5-47.1, enacted by Laws 1973, ch. 324, § 4; 1977, ch. 254, § 62; 1997, ch. 137, § 5.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, substituted "department" for "division" in the section heading and in the introductory language and, in Subsection B, substituted "advice" for "approval" and "currently" for "presently" in the first sentence and "advice" for "consent" in the second sentence.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-39 - Election of supervisors; district zones.

In adopting and publishing rules for the election of supervisors and the registration of district voters, the commission may, to ensure proper representation of district voters and to facilitate district functions, provide for the geographic zoning of a district. The commission shall provide for the proper and equitable representation for each faction geographically zoned in the district. If a district is divided, or if two or more districts are consolidated, the commission shall provide for the geographic zoning of the resulting district or districts within thirty days after the secretary of state issues the certificate of organization for each new district.
History:
1953 Comp., § 45-5-54, enacted by Laws 1965, ch. 137, § 13; 1973, ch. 324, § 8; 1977, ch. 254, § 69; 2003, ch. 88, § 12.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, deleted "district" from the section heading; substituted "publishing" for "promulgating" near the beginning of the section, deleted "district" following "election of" near the beginning of the section and substituted "voters" for "landowners" near the middle of the section.
Election of soil and water conservation district's board of supervisors must comply with principle of "one person, one vote".
— Where petitioner filed a petition for writ of mandamus in the district court objecting to the adoption of geographic voting zones with significantly unequal population for the election of the Dona Ana County Soil and Water Conservation District's board of supervisors, arguing that the voting zones, as drawn, violated the United States Constitution's "one person, one vote" requirement, diluting the voting power of petitioner and the other residents of the zone that includes the City of Las Cruces, and where the district court found that the soil and water conservation commission's approval of the voting zones was not authorized by the legislature, was inconsistent with the commission's statutory duty under 73-20-39 NMSA 1978 of the New Mexico Soil and Water Conservation District Act to ensure proper and equitable representation of district voters, and was in violation of the "one person, one vote" mandate of the United States Constitution, the district court did not err in granting the petition for writ of mandamus, because the inequality in population of the zones conflicted with both 73-20-39 NMSA 1978 and with the equal protection clause of the United States Constitution.
Price v. N.M. Soil & Water Conservation Comm'n
, 2023-NMCA-011.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-40 - Selection of supervisor chairman; quorum; compensation.

Within a reasonable time after each district election and after newly elected supervisors have completed the oath of office, the supervisors of a district shall organize and shall designate a chairman who shall be a supervisor and who shall serve at the pleasure of the supervisors. In the performance of district functions, a majority of supervisors shall constitute a quorum; the concurrence of the quorum majority shall be required to carry or to determine any matter of district business. Supervisors shall not receive compensation for their services but shall be entitled to be reimbursed in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Supervisors may purchase group health insurance benefits for themselves and their dependents pursuant to the Group Benefits Act [Chapter 10, Article 7B NMSA 1978] and pursuant to the rules and procedures set forth by that act and the risk management division of the general services department.
History:
1953 Comp., § 45-5-55, enacted by Laws 1965, ch. 137, § 14; 1973, ch. 324, § 9; 2003, ch. 88, § 13; 2006, ch. 88, § 4.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, added the last sentence of the section to provide that supervisors may purchase group health insurance for themselves and their dependents.
The 2003 amendment,
effective June 20, 2003, deleted "district" from the section heading; substituted "district" for "annual" near the beginning of the section, inserted "and after newly elected supervisors have completed the oath of office" following "election" near the beginning of the section and deleted "for actual expenses incurred" following "reimbursed" near the end of the section.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-42 - Removal of supervisors.

A supervisor may be removed from office by the commission if it appears to the commission, after reasonable notice and impartial hearing, that the supervisor is guilty of misfeasance or malfeasance in office. The office of a supervisor who has missed three consecutive regular meetings of the supervisors may be declared vacant by majority vote of the remaining supervisors. The office of a supervisor who has missed four consecutive regular meetings of the supervisors shall be declared vacant and his successor shall be elected or appointed as in [the] case of any other vacancy.
History:
1953 Comp., § 45-5-57, enacted by Laws 1965, ch. 137, § 16; 1977, ch. 254, § 71; 2003, ch. 88, § 15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The 2003 amendment,
effective June 20, 2003, deleted "district" from the section heading; deleted "district" following "A" at the beginning of the section; substituted "The office of a supervisor who has missed three consecutive regular meetings of the supervisors may be declared vacant by majority vote of the remaining supervisors. The office of a supervisor who has missed four consecutive regular meetings of the supervisors shall be declared vacant" for "A district supervisor who fails to attend three consecutive meetings of district supervisors without reasonable or acceptable excuse shall be deemed to have resigned" following "malfeasance in office." near the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-43 - Perpetuation of districts; continuity of commission and supervisors.

Soil conservation districts created and organized under the provisions of the Soil Conservation District Law [repealed], and continued as soil and water conservation districts created and delineated by the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978], and continued as natural resource districts created and delineated by the Natural Resource Conservation District Act are perpetuated and shall continue to exist as soil and water conservation districts created and delineated by the Soil and Water Conservation District Act. Members of the state soil conservation committee and supervisors of state soil conservation districts which were perpetuated in office and continued to serve as members of the state soil and water conservation committee and as supervisors of soil and water conservation districts, respectively, until their successors were elected and appointed in accordance with the provisions of the Soil and Water Conservation District Act, and were perpetuated in office and continued to serve as members of the state natural resource conservation commission and as supervisors of natural resource conservation districts respectively, until their successors were elected and appointed in accordance with the provisions of the Natural Resource Conservation District Act, are perpetuated in office and shall continue to serve as members of the soil and water conservation commission and as supervisors of soil and water conservation districts, respectively, until their successors are elected and appointed in accordance with the provisions of the Soil and Water Conservation District Act.
History:
1953 Comp., § 45-5-58, enacted by Laws 1965, ch. 137, § 17; 1973, ch. 324, § 10; 1977, ch. 254, § 72.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The Soil Conservation District Law was repealed by Laws 1965, ch. 137, § 27.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-47 - Cooperation between districts.

The supervisors of two or more soil and water conservation districts may cooperate with each other in the exercise of any district power.
History:
1953 Comp., § 45-5-62, enacted by Laws 1965, ch. 137, § 21.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-48 - State agencies to cooperate.

Agencies, instrumentalities and political subdivisions of this state having jurisdiction over or charged with the administration of public lands situate within the defined geographical area of any district shall cooperate to the fullest extent with the district's supervisors in effectuating district projects and programs. Supervisors shall have free access to enter and perform work upon state public lands lying within their districts; provided, however, supervisors shall not have unqualified access to state public lands that are subject to private dominion under lease or that are developed for, or devoted to, another public use. County clerks of the counties within which all or a part of the district lands are located shall provide advice and assistance with conduct of elections and referenda.
History:
1953 Comp., § 45-5-63, enacted by Laws 1965, ch. 137, § 22; 2003, ch. 88, § 19.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, deleted "district" preceding "supervisors" twice in the section; and inserted "County clerks of the counties within which all or a part of the district lands are located shall provide advice and assistance with conduct of elections and referenda." at the end of the section.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-49 - Repealed.

History:
1953 Comp., § 45-5-64, enacted by Laws 1965, ch. 137, § 23; 1977, ch. 254, § 74; 1997, ch. 137, § 10; repealed by Laws 2003, ch. 88, § 20.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 88, § 20 repealed 73-20-49 NMSA 1978, as enacted by Laws 1965, ch. 137, § 23, relating to the dissolution of districts, effective June 20, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-1 - [Declaration of purpose.]

It is hereby declared that the organization of water and sanitation districts, having the purposes and powers provided in this act, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of said districts.
History:
1941 Comp., § 77-3401, enacted by Laws 1943, ch. 80, § 1; 1953 Comp., § 75-18-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" means Laws 1943, Chapter 80, which appears as 73-21-1, 73-21-3 to 73-21-14, 73-21-16 to 73-21-26, 73-21-28 to 73-21-35 NMSA 1978.
But see
73-21-2 NMSA 1978.
Property of state college cannot be included in sanitation district,
since state property is not subject to taxation. 1946 Op. Att'y Gen. No. 46-4948.
Public service commission.
— Water and sanitation districts organized pursuant to this act are subject to regulation by public service commission only in matter of approving rates, tolls and charges. 1971 Op. Att'y Gen. No. 71-56.
Water and sanitation districts subject to audit.
— Water and sanitation districts created pursuant to this article are subject to audit under the Audit Act (Section 12-6-1 NMSA 1978). 1990 Op. Att'y Gen. No. 90-30.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-2 - Short title.

Chapter 73, Article 21 NMSA 1978 may be cited as the "Water and Sanitation District Act".
History:
1953 Comp., § 75-18-1.1, enacted by Laws 1977, ch. 345, § 1; 2005, ch. 167, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the statutory reference to Chapter 73, Article 21 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-5 - Organization of district.

Subject to the procedures set forth in the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978], where applicable, the district court sitting in and for any county in this state may establish districts which may be entirely within or partly within and partly without the judicial district in which the court is located; provided, any part or parcels of the district lying in two or more counties shall be contiguous with one another.
History:
1941 Comp., § 77-3404, enacted by Laws 1943, ch. 80, § 4; 1953 Comp., § 75-18-4; Laws 1977, ch. 345, § 4.
ANNOTATIONS
Water and sanitation districts are creatures of district courts
and are established in accordance with specific statutory procedure; such districts become governmental subdivisions of the state and bodies corporate with powers of public or quasi-municipal corporation. 1971 Op. Att'y Gen. No. 71-56.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Health and Environment § 7.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-7 - Bond of petitioners.

At the time of filing the petition or at any time subsequent to it and prior to the time of hearing on the petition, a bond shall be filed, with security approved by the court, sufficient to pay all expenses connected with the proceedings in case the organization of the district is not effected, provided that no bond shall be required in connection with a petition signed by the chairman of the board of county commissioners of a county after adoption of a resolution authorizing the filing of such petition. If at any time during the proceeding, the court is satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed in not less than ten days, and upon failure of the petitioner to execute the additional bond, the petition shall be dismissed.
History:
1941 Comp., § 77-3406, enacted by Laws 1943, ch. 80, § 6; 1953 Comp., § 75-18-6; Laws 1985, ch. 155, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-8 - Notice of hearing on petition.

Upon approval of the county special district commission as provided in the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978], where applicable, the court shall fix a place and time, not less than twenty days nor more than forty days after receipt of the decision of the county special district commission, for hearing thereon and thereupon the clerk of the court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon; the clerk of the court shall also forthwith cause a copy of the notice to be mailed by United States registered mail to the board of county commissioners of each of the several counties, and shall notify the attorney general and the health and social services department of the hearing to be held for the creation of the district by mailing notice addressed to the same, such notice to be deposited in the mail not less than ten days prior to the date set for the hearing, and the attorney general and the health and social services department may appear and be heard at the hearings.
History:
1941 Comp., § 77-3407, enacted by Laws 1943, ch. 80, § 7; 1953 Comp., § 75-18-7; Laws 1977, ch. 345, § 6.
ANNOTATIONS
Compiler's notes.
— Laws 1977, ch. 253, § 5, abolished the health and social services department. Section 4 of that act established the health and environment department, consisting of several divisions, including the health services division, the behavioral health services division and the environmental improvement division. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978, creating the department of health. Laws 1991, ch. 25, § 4 created the department of environment.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-10 - Filing decree.

Within thirty days after the said district has been declared a corporation by the court, the clerk of the court shall transmit to the county clerk and recorder in each of the counties in which the district or a part thereof may be or extend, copies of the findings and the decree of the court incorporating said district. The same shall be filed in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations; and the clerk and recorder in each county shall receive a fee of one dollar ($1.00) for filing and preserving the same.
History:
1941 Comp., § 77-3409, enacted by Laws 1943, ch. 80, § 9; 1953 Comp., § 75-18-9.
ANNOTATIONS
Cross references.
— For filing of articles of incorporation under general corporation law,
see
53-12-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 136.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-11 - [Board of directors; qualification; bond.]

Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed $1,000 each, the form thereof to be fixed and approved by the court, conditioned for the faithful performance of their duties as directors.
History:
1941 Comp., § 77-3410, enacted by Laws 1943, ch. 80, § 10; 1953 Comp., § 75-18-10.
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. —
81A C.J.S. States § 136.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-12 - Organization of board; meetings; vacancies; election of officers[; removal of directors].

After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection of all owners of real property in the district, as well as to all other interested parties.
The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the clerk of court, at the expense of the district, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of his office.
The members of the board shall serve without compensation unless otherwise provided by the petition and order creating the district. Members shall be allowed their actual and necessary expenses incurred in performance of their duties.
The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.
History:
1941 Comp., § 77-3411, enacted by Laws 1943, ch. 80, § 11; 1953 Comp., § 75-18-11.
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 21 - Water and Sanitation Districts › Section 73-21-13 - Meetings.

The board shall meet once each month at a time and place to be designated by the board. Special meetings may be held as often as the needs of the district require on notice to each member of the board. A majority of the board shall constitute a quorum at any meeting. Any vacancy on a board elected by qualified electors of the district shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. Any vacancy on a board appointed by a board of county commissioners shall be filled in the same manner as original appointments, in accordance with Section 73-21-15.1 NMSA 1978, the appointee to act until the end of the term of the member creating the vacancy. If the board or a board of county commissioners fails to fill any vacancy within thirty days after it occurs, the court having jurisdiction shall fill the vacancy.
History:
1941 Comp., § 77-3412, enacted by Laws 1943, ch. 80, § 12; 1953 Comp., § 75-18-12; Laws 1977, ch. 326, § 1; 1985, ch. 155, § 5; 2019, ch. 212, § 262.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019; after "board elected by", deleted "taxpaying" and added "qualified".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-15 - Board increase; appointed members.

A. In every district, three members of the board shall be elected by the qualified electors pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
B. In those districts that have five board members, the board may by resolution designate two board members to serve by appointment. In those districts that have three board members, the board may by resolution expand the board to include two appointed board members. A resolution adopted pursuant to this subsection shall not be rescinded until two regular local elections have passed after adoption of the resolution.
C. The appointment of board members serving pursuant to a resolution adopted pursuant to Subsection B of this section shall be for a term of two years beginning July 1 of each even-numbered year and ending June 30 of the following even-numbered year. Appointed members of the board are not required to be qualified electors nor residents of the district.
D. Appointed board members are authorized to vote on all matters except for a tax or assessment of any kind proposed or approved pursuant to authority granted by Article 8, Section 9 of the constitution of New Mexico, which is limited to a vote of the elected members only.
History:
1953 Comp., § 75-18-13.1, enacted by Laws 1977, ch. 326, § 2; 1981, ch. 35, § 1; 1984, ch. 14, § 2; 1985, ch. 155, § 7; 1978 Comp., 73-21-15, repealed and reenacted by Laws 2019, ch. 212, § 263.
ANNOTATIONS
Repeals and reenactments.
— Laws 2019, ch. 212, § 263 repealed former § 73-21-15 NMSA 1978 and enacted a new section effective April 3, 2019.
Laws 2019, ch. 212, § 284 repealed 73-21-15 NMSA 1978, as enacted by Laws 1977, ch. 326, § 2, relating to board increase, special election, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-15.1 - Appointment of first board.

Members of the first board of any district shall be appointed by the board of county commissioners. In a district consisting of multiple counties, the district judge shall designate how many members of the board will be appointed by each board of county commissioners. The first board shall consist of five directors who are qualified electors of the district appointed for staggered terms so that the terms of two directors expire within two years and the terms of three directors expire within four years. Thereafter, all directors shall be elected to terms of office pursuant to the provisions of the Water and Sanitation District Act. Any director appointed by any board of county commissioners shall be eligible for election; provided that no member of a board shall serve more than two consecutive terms.
History:
1978 Comp., § 73-21-15.1, enacted by Laws 1985, ch. 155, § 8; 2005, ch. 167, § 5; 2019, ch. 212, § 264.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, provided that a district judge shall designate how many members of the board will be appointed by each board of county commissioners in a district consisting of multiple counties, and changed the length of terms of certain directors to provide for staggered terms; in the section heading, added "Appointment of first", and after "board", deleted "district created by a board of county commissioners"; deleted "Notwithstanding any other provision of the Water and Sanitation District Act relating to election of the board, all", after "first board of any district", deleted "created pursuant to a petition signed by the chairman of the board of county commissioners of a county", after "county commissioners.", added "In a district consisting of multiple counties, the district judge shall designate how many members of the board will be appointed by each board of county commissioners.", after "The", added "first", after "terms of two directors expire", deleted "in one year" and added "within two years", after "three directors expire", deleted "in two" and added "within four", and after "shall be elected to", deleted "two-year".
The 2005 amendment,
effective June 17, 2005, changed the former reference to "residents" to "taxpaying electors".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-17 - Taxes.

In addition to the other means of providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect ad valorem taxes on and against all taxable property within the district.
History:
1941 Comp., § 77-3415, enacted by Laws 1943, ch. 80, § 15; 1953 Comp., § 75-18-15.
ANNOTATIONS
District performs general governmental function.
— As this section gives a water and sewer district the authority to impose ad valorem taxes, such district performs a general governmental function involving the administration of sanitation and health services and is not of special proprietary interest.
In re Lower Valley Water & Sanitation Dist.
, 1981-NMSC-088, 96 N.M. 532, 632 P.2d 1170.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
78 Am. Jur. 2d Waterworks and Water Companies § 4.
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-18 - Levy and collection of taxes.

To levy and collect taxes, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and with other revenues will raise the amount required by the district annually, to supply funds for paying expenses of organization and the costs of construction [constructing], operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of bonds and other obligations of the district, and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in Section 73-21-19 NMSA 1978. The board shall, on or before October 1 of each year, certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, the rate so fixed with directions that at the time and in the manner required by law for levying of taxes for county purposes, the board of county commissioners shall levy the tax upon [the] assessed valuation of all taxable property within the district, in addition to other taxes as may be levied by the board of county commissioners at the rate so fixed and determined.
History:
1941 Comp., § 77-3416, enacted by Laws 1943, ch. 80, § 16; 1953 Comp., § 75-18-16; Laws 1963, ch. 261, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Interest on bonds.
— Interest may be collected after date of maturity of general obligation bond of sanitation district; holder is entitled to interest at rate stated from issuance of bond, until he receives payment.
Dexter v. Lakeshore City Sanitation Dist.
, 1971-NMSC-057, 82 N.M. 556, 484 P.2d 1266.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
78 Am. Jur. 2d Waterworks and Water Companies § 4.
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-19 - Levies to cover defaults and deficiencies.

The board in certifying annual levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on its contracts or bonds, and interest thereon, and to pay defaults and deficiencies, then the board shall make such additional levies of taxes as may be necessary for such purposes, and not withstanding any limitations, such taxes shall be made and continue to be levied until the indebtedness of the district shall be fully paid.
History:
1941 Comp., § 77-3417, enacted by Laws 1943, ch. 80, § 17; 1953 Comp., § 75-18-17.
ANNOTATIONS
Bond tax levy limited.
— The provisions of Section 4-54-4 NMSA 1978 of the Community Service District Act limit the tax levy for debt provisions of the Water and Sanitation District Act.
El Dorado Utils., Inc. v. Eldorado Area Water & Sanitation District
, 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305.
Interest on bonds.
— Interest may be collected after date of maturity of general obligation bond of sanitation district; holder is entitled to interest at rate stated from issuance of bond until he receives payment.
Dexter v. Lakeshore City Sanitation Dist.
, 1971-NMSC-057, 82 N.M. 556, 484 P.2d 1266.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
78 Am. Jur. 2d Waterworks and Water Companies § 4.
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-20 - Officers levy and collect taxes.

It shall be the duty of the body having authority to levy taxes within each county, to levy taxes provided in this act and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the districts ordering its levy and collection, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall, until paid, constitute a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of general taxes.
History:
1941 Comp., § 77-3418, enacted by Laws 1943, ch. 80, § 18; 1953 Comp., § 75-18-18.
ANNOTATIONS
Compiler's notes.
— The term "this act" means Laws 1943, Chapter 80, which appears as 73-21-1, 73-21-3 to 73-21-14, 73-21-16 to 73-21-26, 73-21-28 to 73-21-35 NMSA 1978.
But see
73-21-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-21 - Sale for delinquencies; purchase by district.

If the taxes levied are not paid as herein provided, then delinquent real property shall be sold at the regular tax sale for the payment of the taxes, interest and penalties, in the manner provided by law for selling property for the nonpayment of general taxes. The board of directors may purchase, in the name of the district, any property which may be sold for delinquent taxes within the boundaries of the district and the board may take title to the lands in the name of the district and sell and convey the lands at a price not less than the taxes, penalty and interest accrued thereon. Delinquent personal property shall be distrained and sold as provided by law.
History:
1941 Comp., § 77-3419, enacted by Laws 1943, ch. 80, § 19; 1953 Comp., § 75-18-19; Laws 1963, ch. 261, § 5.
ANNOTATIONS
Cross references.
— For sale of personalty for delinquent property taxes,
see
7-38-53 NMSA 1978 et seq.
For sale of real property for delinquent property taxes,
see
7-38-65 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-22 - Sinking fund.

Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extensions of and betterments to the improvements of the district.
History:
1941 Comp., § 77-3420, enacted by Laws 1943, ch. 80, § 20; 1953 Comp., § 75-18-20.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-23 - Inclusion [of additional property].

The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of 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 whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made. The owners of real property may file with the board a petition, in writing, praying that such real property be included in the district. The petition shall prescribe the property owned by the petitioners, and such petition shall be deemed to give assent of the petitioners to the inclusion in said district of the property described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. The secretary of the board shall cause notice of filing of such petition to be given and published in the county in which the property is situated, which notice shall state the filing of such petition, names of petitioners, descriptions of lands mentioned and the prayer of said petitioners; giving notice to all persons interested to appear at the office of the board at the time named in said notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned or at such time or times at which the hearing may be adjourned, proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause why said petition should not be granted. The failure of any person interested to show cause in writing shall be deemed and held and taken as an assent on his part to the inclusion of such lands in the district as prayed for in the petition. If the petition is granted, the board shall make an order to that effect and file same with the clerk of the court and upon order of the court said property shall be included in the district.
History:
1941 Comp., § 77-3421, enacted by Laws 1943, ch. 80, § 21; 1953 Comp., § 75-18-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" means Laws 1943, Chapter 80, which appears as 73-21-1, 73-21-3 to 73-21-14, 73-21-16 to 73-21-26, 73-21-28 to 73-21-35 NMSA 1978.
But see
73-21-2 NMSA 1978.
Cross references.
— For publication of legal notice,
see
Chapter 14, Article 11 NMSA 1978.
For acknowledgments,
see
14-13-1 to 14-13-24 NMSA 1978.
Municipal Code inapplicable.
— Language of this section cannot be construed to allow water and sanitation district to use provisions of Municipal Code [Chapter 3 NMSA 1978]. 1976 Op. Att'y Gen. No. 76-33.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-24 - Exclusion [from district].

The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petition shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property or the major portion thereof, is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in said petition and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice, showing cause in writing, if any they have, why said petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that said petition be denied; but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the clerk of the court and upon order of the court said property shall be excluded from the district.
History:
1941 Comp., § 77-3422, enacted by Laws 1943, ch. 80, § 22; 1953 Comp., § 75-18-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For publication of legal notice,
see
Chapter 14, Article 11 NMSA 1978.
For acknowledgments,
see
Chapter 14, Article 13 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-25 - Liability of property included or excluded.

All taxable property annexed to a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of the annexation. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of its exclusion in the same manner and to the same extent as if such property had not been excluded from the district.
History:
1941 Comp., § 77-3423, enacted by Laws 1943, ch. 80, § 23; 1953 Comp., § 75-18-23; Laws 1963, ch. 261, § 6.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-26 - Bonds; interest; form.

To carry out the purposes of the Water and Sanitation District Act, the board may issue bonds of the district upon approval of the majority of the qualified electors of the district voting on the question pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Bonds shall bear interest payable semiannually and shall be due and payable serially, either annually or semiannually, commencing not later than three years and extending not more than twenty years from date. The form and terms of the bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, the bonds may be redeemable prior to maturity upon payment of a premium, not exceeding three percent of the principal thereof. The bonds, except for bonds issued in book entry or similar form without the delivery of physical securities, shall be executed in the name of and on behalf of the district and signed by the chair of the board, with the seal of the district affixed thereto, and attested to by the secretary of the board. The bonds shall be sold and shall be in such denominations as the board determines, and the bonds and the attached coupons, if any, shall be payable to the bearer or registered as to principal or as to principal and interest. Interest coupons, if any, shall bear the original or facsimile signature of the chair of the board.
History:
1941 Comp., § 77-3424, enacted by Laws 1943, ch. 80, § 24; 1953 Comp., § 75-18-24; Laws 1963, ch. 261, § 7; 1977, ch. 345, § 8; 1983, ch. 265, § 61; 2019, ch. 212, § 265.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, provided that a bond election to raise funds for a water and sanitation district to carry out the purposes of the Water and Sanitation District Act shall be conducted pursuant to the Local Election Act; and after "majority of the", deleted "taxpaying" and added "qualified", and after "district voting on the question", added "pursuant to the provisions of the Local Election Act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters §§ 241, 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-27 - Community Service District Act provisions apply.

With respect to the issuance of any negotiable securities representing an indebtedness of the water and sanitation district, the provisions and procedures set forth in the Community Service District Act [4-54-1 to 4-54-5 NMSA 1978] shall apply.
History:
1953 Comp., § 75-18-24.1, enacted by Laws 1977, ch. 345, § 9.
ANNOTATIONS
Bond tax levy limited.
— The limitation of taxing power found in Section 4-54-4 NMSA 1978 of the Community Service District Act applies to a water and sanitation district.
El Dorado Utils., Inc. v. Eldorado Area Water & Sanitation District
, 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305.
Limitation on issuing bonds.
— Because a water and sanitation district can only levy taxes to pay indebtedness within the limits of Section 4-54-4 NMSA 1978, a district cannot issue bonds pursuant to a bond resolution that authorizes the levy of taxes beyond what Section 4-54-4 NMSA 1978 allows.
El Dorado Utils., Inc. v. Eldorado Area Water & Sanitation District
, 2005-NMCA-036, 137 N.M. 217, 109 P.3d 305.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-29 - Repealed.

History:
1941 Comp., § 77-3426, enacted by Laws 1943, ch. 80, § 26; 1953 Comp., § 75-18-26; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 73-21-29 NMSA 1978, as enacted by Laws 1943, ch. 80, § 26, relating to notice of election, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-30 - Repealed.

History:
1941 Comp., § 77-3427, enacted by Laws 1943, ch. 80, § 27; 1953 Comp., § 75-18-27; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 73-21-30 NMSA 1978, as enacted by Laws 1943, ch. 80, § 27, relating to conduct of election, canvass of returns, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 21 - Water and Sanitation Districts › Section 73-21-31 - Effect of election; subsequent elections.

In the event that it appears from the returns that a majority of the qualified electors of the district have voted in favor of the ballot question, the district shall then be authorized to incur the indebtedness or the obligations, enter into the contract or issue and sell the bonds of the district, as the case may be, for the purpose and object provided for in the proposition submitted under the provisions of the Water and Sanitation District Act and in the resolution for them and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution. Submission of the proposition of incurring such obligations or bonded or other indebtedness at an election shall not prevent or prohibit submission of it or other propositions at subsequent elections called for that purpose.
History:
1941 Comp., § 77-3428, enacted by Laws 1943, ch. 80, § 28; 1953 Comp., § 75-18-28; 2019, ch. 212, § 267.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, after "qualified", deleted "taxpaying", and after "submitted under", added "the provisions of the Water and Sanitation District Act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Health and Environment § 56.