reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-25 - Persons delinquent not to use water; penalty.

No person who has, after due notice, failed or refused to do his work, or pay the amount assessed against him in lieu of the work upon the acequia or ditch, shall be allowed to take or use any water from the same or any contra acequia or lateral thereof, while default on the payment of failure to do work continues. Any person who continues to take or use any water after having been given notice of failure or refusal to do his work, or pay the amount assessed against him in lieu of the work shall pay a civil penalty for the benefit of the ditch or acequia of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). The penalty may be recovered in an action by the ditch officials before the magistrate court in the county where the ditch is located.
History:
Laws 1895, ch. 1, § 5; C.L. 1897, § 12; Code 1915, § 5755; C.S. 1929, § 151-425; 1941 Comp., § 77-1423; 1953 Comp., § 75-14-24; Laws 1977, ch. 184, § 1.
ANNOTATIONS
Cross references.
— For penalty for failure to furnish laborers required by mayordomo,
see
73-2-31 NMSA 1978.
For disposition of fines and forfeitures,
see
73-2-32 NMSA 1978.
For provisions governing certain counties,
see
73-3-5 and 73-3-6 NMSA 1978.
The 1977 amendment
added "penalty" to the section heading, added the last two sentences and made minor changes in phraseology in the first sentence.
Generally as to remedy provided by section.
— No remedy is provided for collection of assessments levied by acequia commissioners except the deprivation of delinquent party of the right to the use of water until payment is made. If party, after default and notice to quit takes and uses water, he is guilty of a misdemeanor.
La Mesa Cmty. Ditch v. Appelzoeller
, 1914-NMSC-033, 19 N.M. 75, 140 P. 1051 (decided before 1977 amendment of this section and the enactment of Section 73-2-26 NMSA 1978).
Statutory remedy exclusive.
— Community officers are necessarily confined to remedy given.
La Acequia de San Rafael del Guique v. Lopez
, 1963-NMSC-134, 72 N.M. 349, 383 P.2d 826 (decided before 1977 amendment).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 96.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-27 - [Community ditches defined.]

The provisions of these sections shall apply only to such ditches as have been heretofore and are now known and regarded as community ditches, under the laws of this state; and under the provisions of said sections, shall be construed to mean such ditches as are not private, and such as are not incorporated under the laws of this state or of some other state or territory, and are held and owned by more than two owners as tenants in common, or joint tenants.
History:
Laws 1895, ch. 1, § 8; C.L. 1897, § 14; Code 1915, § 5756; C.S. 1929, § 151-426; 1941 Comp., § 77-1424; 1953 Comp., § 75-14-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "these sections" and "said sections" means §§ 5744, 5746, 5753, 5755 and 5756, Code of 1915. The 1915 Code sections were continuation of Ch. 1, §§ 1 to 9 Laws of 1895.
See
the Repealing and Saving Clause of the [1915] Codification. These sections are compiled as 73-2-11, 73-2-12, 73-2-14, 73-2-21, 73-2-25 and 73-2-27 NMSA 1978.
Meaning of "these sections".
— This section does not apply to Section 73-2-5 NMSA 1978.
Cox v. Hanlen
, 1998-NMCA-015, 124 N.M. 529, 953 P.2d 294, cert. denied, 124 N.M. 418, 952 P.2d 19.
Earthen dam distinguished from community ditch.
— Unlike community ditches, an earthen dam for impounding of water for irrigation system which is owned by a nonprofit corporation is subject to taxation.
Storrie Project Water Users' Ass'n v. Gonzales
, 1949-NMSC-052, 53 N.M. 421, 209 P.2d 530 (1949).
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas,"
see
11 Nat. Resources J. 48 (1971).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-28 - Acequia and community ditch associations.

Acequia and community ditch associations are political subdivisions of this state. As political subdivisions of the state, acequia and community ditch associations are authorized to receive loans from the interstate stream commission from the New Mexico irrigation works construction fund.
History:
1953 Comp., § 75-14-25.1, enacted by Laws 1965, ch. 145, § 1; 2001, ch. 221, § 2.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added the second sentence.
Community ditches may condemn land.
— Since community ditches are political subdivisions of the state, under power of eminent domain they may condemn land for the construction of ditches. 1969 Op. Att'y Gen. No. 69-96.
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas,"
see
11 Nat. Resources J. 48 (1971).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains §§ 6, 79.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-28.1 - Acequias and community ditch associations; insurance coverage.

Officers, volunteers and employees of acequias and community ditch associations are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and upon request by the acequia or community ditch association shall be provided all insurance and self-insurance coverage provided by the risk management division of the general services department.
History:
Laws 2006, ch. 54, § 2 and Laws 2006, ch. 55, § 2.
ANNOTATIONS
Cross references.
— For the risk management division,
see
15-7-2 NMSA 1978.
Duplicate laws.
— Laws 2006, ch. 54, § 2 and Laws 2006, ch. 55, §2 enacted identical new sections, both effective May 17, 2006.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-29 - [Improper conduct of mayordomo or commissioner; removal from office; temporary appointment of successor.]

If any mayordomo or commissioner of any such ditch or acequia shall neglect or refuse to perform the duties required of him, fail to or [sic] conduct himself with propriety or justice in his office or take any bribe, in money, property, or otherwise as an inducement to act improperly, or neglect the duties of his office or be guilty of misfeasance, malfeasance or nonfeasance he shall be removed from office in an action brought in the district court of the county where the public ditch or acequia or larger portion thereof is located. Such action may be brought by any water user of such public ditch or acequia provided that no cost or expenses for such action shall be assessed to the water user of such district or acequia.
If a commissioner or mayordomo is removed as above provided the district judge removing him shall appoint a commissioner or mayordomo to serve until the next election.
History:
1941 Comp., § 77-1425a, enacted by Laws 1945, ch. 46, § 2; 1953 Comp., § 75-14-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For failure to perform duties with respect to bridges,
see
73-2-46 NMSA 1978.
For failure to prosecute person interfering with ditch or using water unlawfully,
see
73-2-64 NMSA 1978.
For penalties for misconduct by mayordomo or commissioner in certain counties,
see
73-3-8 and 73-3-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-30 - [Duty to furnish laborers.]

It shall be the duty of the proprietors to furnish, each one, the number of laborers required by the mayordomo, at the time and place he may designate, for the purposes mentioned in the foregoing section and for the time he may deem necessary.
History:
Laws 1851-1852, p. 277, § 6; C.L. 1865, ch. 1, § 14; C.L. 1884, § 37; C.L. 1897, § 34; Code 1915, § 5760; C.S. 1929, § 151-430; 1941 Comp., § 77-1426; 1953 Comp., § 75-14-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compile's notes.
— The words "in the foregoing section" refers to § 5757, Code of 1915, compiled as 73-2-34 NMSA 1978
Cross references.
— For owners' duty to labor and the measurement thereof,
see
73-2-33 to 73-2-41 NMSA 1978.
For laboring requirements in certain counties,
see
73-3-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 343.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-31 - Failure to furnish laborers.

If any proprietor of any land irrigated by any such ditch shall neglect or refuse to furnish the number of laborers required by the mayordomo, as prescribed in Section 73-2-30 NMSA 1978, after having been legally notified by the mayordomo, he shall pay a civil penalty for each offense in a sum not exceeding twenty dollars ($20.00) for the benefit of the ditch, which shall be recovered by the mayordomo before any magistrate in the county, and in such cases the mayordomo may be a competent witness to prove the offense, or any fact that may serve to constitute the same. The amounts collected under this section shall be considered as an additional penalty and are not construed to amend or limit the provisions of Section 73-2-25 or 73-2-26 NMSA 1978.
History:
Laws 1851-1852, p. 277, § 9; C.S. 1865, ch. 1, § 17; C.L. 1884, § 38; C.L. 1897, § 35; Code 1915, § 5761; C.S. 1929, § 151-431; 1941 Comp., § 77-1427; 1953 Comp., § 75-14-28; Laws 1977, ch. 184, § 3.
ANNOTATIONS
Cross references.
— For disposition of fines and forfeitures,
see
73-2-32 NMSA 1978.
For failure to assist mayordomo in stopping breaks or removing obstructions,
see
73-2-34 NMSA 1978.
For penalty for abandoning work,
see
73-2-37 NMSA 1978.
For provision applicable to certain counties,
see
73-3-5 NMSA 1978.
The 1977 amendment
substituted, in the first sentence, the complete current statutory reference for "section 5760," [Code of 1915] "pay a civil penalty" for "be fined," "twenty dollars ($20.00)" for "ten dollars," "the ditch" for "said ditch" and "magistrate" for "justice of the peace" and added the last sentence.
"Fine" should be construed to mean a pecuniary penalty merely,
which may be sued for by the overseer (mayordomo) in his official capacity in the civil action, and when recovered, be received by him and applied to repairs of the acequia.
Territory v. Baca
, 1882-NMSC-002, 2 N.M. 183;
Territory v. Tafoya
, 1882-NMSC-001, 2 N.M. 191 (decided before 1977 amendment).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-32 - [Disposition of fines.]

All fines and forfeitures recovered for the use and benefit of any public ditch or acequia, shall be applied by the overseer [mayordomo or superintendent] to the improvements, excavation and bridges for the same, wherever it may be crossed by any public road where bridges may be necessary.
History:
Laws 1851-1852, p. 277, § 11; C.L. 1865, ch. 1, § 19; C.L. 1884, § 8; C.L. 1897, § 15; Code 1915, § 5757; C.S. 1929, § 151-427; 1941 Comp., § 77-1428; 1953 Comp., § 75-14-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The officers of a public ditch or acequia do not include an overseer; the mayordomo, or superintendent, is the executive officer of the acequia, to whom the section apparently refers.
See
73-2-12 and 73-2-21 NMSA 1978.
Cross references.
— For duty to bridge acequias,
see
73-2-43 NMSA 1978.
"Fines" construed.
— In connection with Section 73-2-31 NMSA 1978, the word "fines" in this section should be construed to mean a pecuniary penalty merely, which could be sued for by the mayordomo in his official capacity in a civil action and received by him and applied to repairs of the acequia.
Territory v. Baca
, 1882-NMSC-002, 2 N.M. 183.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-33 - [Duty to work.]

All owners of tillable lands shall labor on public ditches or acequias, whether they cultivate the land or not.
History:
Laws 1851-1852, p. 189, § 4; C.L. 1865, ch. 1, § 4; C.L. 1884, § 36; C.L. 1897, § 33; Code 1915, § 5758; C.S. 1929, § 151-428; 1941 Comp., § 77-1429; 1953 Comp., § 75-14-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provision applicable to certain counties,
see
73-3-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-34 - Common labor; failure to work.

All persons interested in a common ditch or acequia, be they owners or lessees, shall labor thereon in proportion to their land. It is their duty when called upon by the mayordomo to assist him in stopping breaks in, or removing obstructions from, any such common ditch or acequia, regardless of whether or not they have performed their annual labor thereupon, and failure to respond to such call is a misdemeanor, and upon conviction thereof the defendant shall be fined in a sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), and shall be denied the use of waters of the ditch or acequia until the fine and costs are paid.
History:
Laws 1851-1852, p. 189, § 5; C.L. 1865, ch. 1, § 5; C.L. 1884, § 35; C.L. 1897, § 32; Laws 1903, ch. 44, § 4; Code 1915, § 5759; C.S. 1929, § 151-429; 1941 Comp., § 77-1430; 1953 Comp., § 75-14-31; Laws 1977, ch. 184, § 4.
ANNOTATIONS
Cross references.
— For other sanctions for not working,
see
73-2-25 and 73-2-26 NMSA 1978.
For penalty for abandoning work,
see
73-2-37 NMSA 1978.
For provisions applicable to certain counties,
see
73-3-5 to 73-3-7 NMSA 1978.
The 1977 amendment
substituted the present section heading for "Labor to be in proportion to land - Additional labor - Penalty for failure to respond - Use of water denied" and, in the last sentence, substituted "It is" for "And it shall be" at the beginning, substituted "is" for "shall be deemed" preceding "a misdemeanor," substituted "twenty-five dollars ($25.00) nor more than fifty dollars ($50.00)" for "five dollars ($5.00) nor more than fifteen dollars ($15.00)," inserted "or acequia" following "ditch" near the end of the sentence and made other minor changes in phraseology and punctuation.
Domestic use may not be considered.
— The domestic use is so small, when compared to the other use to which water is applied by the appropriator, that the legislature possibly did not take such use into consideration in regulating labor to be performed upon the ditches.
State ex rel. Cmty. Ditches v. Tularosa Cmty. Ditch
, 1914-NMSC-069, 19 N.M. 352, 143 P. 207.
Bylaw invalid.
— Bylaw of ditch company which provides that those farther from the inlet contribute a greater portion for repairs than those nearer is invalid.
State ex rel. Black v. Aztec Ditch Co.
, 1919-NMSC-057, 25 N.M. 590, 185 P. 549.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-35 - [Obligation to work continues until completion.]

Every person or persons, being tillers of irrigated lands, who shall have commenced the work on any public acequia in common labor, are and shall be obligated to continue on that work until the completion of the clearing of said acequia.
History:
Laws 1860-1861, p. 66, § 1; C.L. 1865, ch. 1, § 27; C.L. 1884, § 43; C.L. 1897, § 40; Code 1915, § 5763; C.S. 1929, § 151-433; 1941 Comp., § 77-1431; 1953 Comp., § 75-14-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Extent of duty.
— It is the duty of owners of land affected by water through a community ditch to labor on the ditch in the maintenance and repair thereof in proportion to the land affected by it.
State ex rel. Black v. Aztec Ditch Co.
, 1919-NMSC-057, 25 N.M. 590, 185 P. 549.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-36 - [Duty to furnish laborers; mayordomos to superintend work.]

If any number of laborers, or any person thereof, having their fields above on such acequias, and having reached them, shall pretend from any cause or causes, reason or pretext, to abandon their co-laborers, he or they shall not be permitted to leave said work of the laborers in common until the completion of the cleansing of the said acequia so commenced to be worked: provided, that touching the repairs and excavations to be made to said acequias, the proportion of the people, or the number of laborers for such purpose shall be furnished by the owners, and it shall be the duty of the mayordomos to superintendent [superintend] such work, and as provided in section 5754 [73-2-21 NMSA 1978]: provided, further, that if in any acequias already constructed there shall be included any dikes or dams which may have been destroyed, and the parties interested therein shall have entered into any agreement or contract with the owners to work said acequia, then they shall so remain and fulfill their engagements.
History:
Laws 1860-1861, p. 66, § 2; C.L. 1865, ch. 1, § 28; C.L. 1884, § 45; C.L. 1897, § 42; Code 1915, § 5765; C.S. 1929, § 151-435; 1941 Comp., § 77-1432; 1953 Comp., § 75-14-33.
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 2 - Ditches or Acequias › Section 73-2-37 - [Penalty for abandoning work.]

If any owners of lands, or lessees thereof, shall attempt to abandon their co-laborers without complying with sections 5763 to 5765 [73-2-35 to 73-2-37 NMSA 1978], they shall pay for each of such offenses a fine of not less than five dollars [($5.00)] nor exceeding ten dollars [($10.00)].
History:
Laws 1860-1861, p. 66, § 4; C.L. 1865, ch. 1, § 30; C.L. 1884, § 44; C.L. 1897, § 41; Code 1915, § 5764; C.S. 1929, § 151-434; 1941 Comp., § 77-1433; 1953 Comp., § 75-14-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For present provisions concerning disposition of fines and forfeitures,
see
N.M. Const., art. XII, § 4, and 73-2-32 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-38 - [Labor to be in proportion to land ownership.]

As the excavations of such acequias, and in the first cleansing of some of them, the work sometimes continues for thirty days, more or less, the different mayordomos shall take into consideration the small amount of land tilled by some, and not compel these to furnish an equal amount of labor in the cleansing.
History:
Laws 1860-1861, p. 66, § 3; C.L. 1865, ch. 1, § 29; C.L. 1884, § 46; C.L. 1897, § 43; Code 1915, § 5766; C.S. 1929, § 151-436; 1941 Comp., § 77-1434; 1953 Comp., § 75-14-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Section 31, ch. 1, 1865 C.L. provided that the Act of January 29, 1861 (the provisions of which are presently compiled as 73-2-35 to 73-2-38 NMSA 1978), shall be considered jointly with the Act of January 7, 1852 (the provisions of which are presently compiled as 73-2-9, 73-2-10, 73-2-18 and 73-2-30 to 73-2-32 NMSA 1978).
Cross references.
— For other provisions relating to measurement of labor required,
see
73-2-33 and 73-2-34 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-39 - [Duty to furnish laborers; duty of absent landowner.]

Every owner or tenant of irrigable lands, irrigated by any of such acequias in this state, shall be compelled to hold at all times during the operations of the acequias to which they belong, the number of laborers to them assigned according to the provisions of the preceding section [73-2-38 NMSA 1978], at the disposal and order of the respective mayordomo or his assistant. And it shall not be legal for any owner or tenant of irrigable lands, irrigated by any of such acequias, to absent himself for a time exceeding three days without informing the chief mayordomo of the respective acequia about the persons remaining in his stead to comply with his or their duty regarding said acequia, and he shall even present them, so that in his presence they may assume the responsibilities during the time of absence of such person or persons that are to be absent. And all the responsibilities of such absentees regarding said acequias shall fall upon the substitutes left, and no other persons but those assuming the responsibility of the person by whom they are presented shall be admitted as substitutes. And if any of such owners or tenants of irrigable lands, irrigated under any of such acequias in this state, should absent himself from the precinct during the time the acequias are in operation, without complying with the duty upon him imposed by this and the succeeding section [73-2-40 NMSA 1978], besides suffering the penalty fixed by the mayordomo, he shall be responsible to the public where he belongs for a just and common estimate, per diem, of the time he was absent, and the number of laborers that may have been assigned to him. Nor shall any proprietor, on account of having rented his lands, reserving a part for himself, be exempt from working on the acequia at any time of said work.
History:
Laws 1880, ch. 30, § 8; C.L. 1884, § 47; C.L. 1897, § 44; Code 1915, § 5767; C.S. 1929, § 151-437; 1941 Comp., § 77-1435; 1953 Comp., § 75-14-36.
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 the words "the preceding section" for "this act" in the first sentence. "This act" would refer to sections derived from Laws 1880, ch. 30, presently compiled as 73-2-39 and 73-2-40 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-40 - [Failure to furnish laborers; penalty.]

The penalties on those who shall fail to supply the amount of work due by them, according to the provisions of this and the preceding section [73-2-39 NMSA 1978], or the number of laborers on them apportioned or for any violation of existing laws on this subject; and those penalties that are applicable under existing laws to mayordomos, shall be the same that shall be applied in these cases, and they shall be executed and fines shall be disbursed in the same manner: provided, that when any chief mayordomo shall have, in person, given notice to any person who is liable and owes work to the acequia of which he is mayordomo, and such person fails, then and in such case the mayordomo shall impose on the persons so failing the penalty or fine which the law authorizes. And if it is not paid he shall sue them before the justice of the peace [magistrate court] for the same; and there it shall be finally decided and executed, if the defendant does not offer credible witnesses to disprove and combat the charge. In which case an examination of the whole subject shall be made by said justice of the peace [magistrate court], and he shall decide accordingly, or shall grant a change of venue to the nearest precinct, should the defendant so desire.
History:
Laws 1880, ch. 30, § 4; C.L. 1884, § 48; C.L. 1897, § 45; Code 1915, § 5768; C.S. 1929, § 151-438; 1941 Comp., § 77-1436; 1953 Comp., § 75-14-37.
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 other sanctions relating to acequias,
see
73-2-20, 73-2-25, 73-2-27, 73-2-29, 73-2-31, 73-2-34, 73-2-37, 73-2-45, 73-2-46, 73-2-50, 73-2-52 to 73-2-54 and 73-2-64 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-41 - Indians; rights and duties.

The different Indians residing within the state shall be subject to render the same services as non-Indians in working the acequias, within the limits of their respective reservations in which they may have a common interest with the non-Indians who live outside their respective reservations, and they shall enjoy at the same time the same benefit and rights of commercial traffic; provided that the Indians shall have no right to participate in the nominations and election of acequia mayordomos or superintendents or acequia or water commissioners in any ditch, whether within or without their reservations, except in acequias constructed entirely by themselves, unless they have paid their proportionate share of the whole cost of the construction of such acequia and unless the lands sought to be voted by the Indians have been duly returned for taxation in accordance with law and state and county taxes paid thereon. In all cases in which non-Indians living outside the reservation have acquired water rights by purchase of land from the Indians, the distribution of the water between the Indians and the non-Indians shall be agreed upon, based upon the customs heretofore practiced and recognized between the Indians and the non-Indians, by and between the governor of the Indian community or pueblo and the commissioners of such acequias in which the non-Indians may have acquired any such rights and, the governors of such Indians and the acequia commissioners shall also regulate the amount and manner of work to be done by the Indians and non-Indians in all such acequias in which all have water rights in accordance with such customs.
History:
Laws 1860-1861, p. 24, § 2; C.L. 1865, ch. 66, § 3 [2]; C.L. 1884, § 1305; C.L. 1897, § 1876; Laws 1901, ch. 29, § 1; 1905, ch. 36, § 1; Code 1915, § 5769; C.S. 1929, § 151-439; 1941 Comp., § 77-1437; 1953 Comp., § 75-14-38; Laws 1997, ch. 96, § 1.
ANNOTATIONS
Compiler's notes.
— The last sentence of this section, in which the word "heretofore" is found, first appeared when the section was rewritten by the 1901 amendment (Laws 1901, ch. 29), which was approved March 16, 1901.
Cross references.
— For provision exempting Indian lands from taxation,
see
N.M. Const., art. XXI, § 2.
The 1997 amendment,
effective June 20, 1997, substituted "non-Indians" for "citizens" and made stylistic changes throughout the section; in the first sentence, deleted "communities of" following "different", deleted "of New Mexico" following "state", substituted "render the same services as non-Indians" for "render their services", substituted "who live outside" for "who live within", and substituted "mayordomos or superintendents" for "overseers"; and in the second sentence, substituted "living outside the reservation" for "living within the limits of such communities or pueblos of Indians shall", inserted "Indian" following "governor of the", deleted "communities or pueblos of" following "governors of such" and deleted "said river or" preceding "acequias".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-42 - Blind persons; free irrigation.

The commissioners of any community ditch in New Mexico, shall have power according to their discretion if they deem it proper, to allow a blind person or his surviving spouse to irrigate free of charge any portion of land not to exceed three acres. Provided, that the parties to whom the privilege may be granted as herein stated, shall have an interest and water right in the ditch, and shall be subject to the use of the water as per the orders of the mayordomo or superintendent of the ditch.
History:
Laws 1912, ch. 36, § 1; Code 1915, § 5770; C.S. 1929, § 151-440; 1941 Comp., § 77-1438; 1953 Comp., § 75-14-39; Laws 1973, ch. 44, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-43 - [Bridges across roads.]

Mayordomos of public and community ditches, shall construct to the cost of the owners of said ditch, good and substantial bridges, made of lumber across all ditches that shall be under their charge, as said mayordomos in all the crossings of public road or roads.
History:
Laws 1897, ch. 59, § 1; C.L. 1897, § 46; Code 1915, § 5772; C.S. 1929, § 151-442; 1941 Comp., § 77-1439; 1953 Comp., § 75-14-40.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prohibition against flooding highways,
see
67-7-6 and 67-7-7 NMSA 1978.
For provision establishing duty to construct bridges over irrigation ditches crossing roads,
see
67-7-8 NMSA 1978.
For duty of owners to construct bridges,
see
72-8-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 30; 45 Am. Jur. 2d Irrigation § 83.
28 C.J.S. Drains § 69; 93 C.J.S. Waters § 20; 94 C.J.S. Waters § 350.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-44 - [Payment for bridges.]

For the purpose of constructing such bridges, the respective mayordomos of acequias shall collect from the owners of said ditches, the amount required for the construction of the same, after the same have been constructed, which amount so taxed against the owners of said ditches shall be in proportion of their interests on the same: provided, that neither the county nor the owners of other acequias shall pay anything for the construction of said bridges, but, the owners of each ditch respectively, shall suffer the necessary expense in the construction of said bridges that might be necessary to construct bridges over said ditches.
History:
Laws 1897, ch. 59, § 2; C.L. 1897, § 47; Code 1915, § 5773; C.S. 1929, § 151-443; 1941 Comp., § 77-1440; 1953 Comp., § 75-14-41.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-45 - [Persons delinquent for bridges not to use waters.]

Every person failing or refusing to pay his share for such purpose after he has been notified by the mayordomo, shall forfeit his right to use the water of such ditch, or shall be deprived of the use of such water until he pays his share as provided in Section 5773 [73-2-44 NMSA 1978].
History:
Laws 1897, ch. 59, § 3; C.L. 1897, § 48; Code 1915, § 5774; C.S. 1929, § 151-444; 1941 Comp., § 77-1441; 1953 Comp., § 75-14-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's note.
— "Section 5773" refers to section 5773, Code of 1915.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-46 - [Mayordomo failure to perform duties; penalty.]

Any mayordomo who through negligence or any other cause whatsoever, except sickness, shall fail to comply, with the duties imposed upon him, by the three preceding sections [73-2-43 through 73-2-45], upon conviction before the justice of the peace [magistrate court] of the precinct, shall be fined in a sum not less than twenty-five [($25.00)] nor more than fifty dollars [($50.00)].
History:
Laws 1897, ch. 59, § 4; C.L. 1897, § 49; Code 1915, § 5775; C.S. 1929, § 151-445; 1941 Comp., § 77-1442; 1953 Comp., § 75-14-43.
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.
Mayordomo may be proceeded against for failure to perform his duty.
Before entering upon his duties, he must take an oath that he will faithfully discharge them. 1914 Op. Att'y Gen. No. 14-1258.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-47 - [Several ditches from one stream; joint meeting of commissioners.]

It shall be the duty of all the ditch commissioners of the state of New Mexico, where two or more ditches are constructed from and supply waters from the same source or river and within the limits of a precinct, to have a meeting on the first Monday of April of each year for the purpose of making a true, just and equitable apportionment and distribution of the water for their respective ditches, and it shall be the duty of the superintendents of said ditches respectively to apportion and distribute the water in said ditches among the persons entitled thereto to the use of the same, in accordance with the orders of said ditch commissioners and not otherwise.
History:
Laws 1903, ch. 15, § 1; Code 1915, § 5776; C.S. 1929, § 151-446; 1941 Comp., § 77-1443; 1953 Comp., § 75-14-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-48 - [Organization; rules and regulations.]

In the meeting of said ditch commissioners, a majority of the persons elected as such shall constitute a quorum for the transaction of business, to carry out the purposes of the preceding section [73-2-47 NMSA 1978]. They shall elect a chairman and secretary from among their number. The chairman and secretary thus elected shall hold their positions during their term of office as ditch commissioners, and it shall be the duty of the secretary to keep in a proper book all of the proceedings of the meeting and to furnish the respective superintendents with a certified copy of the rules and regulations adopted at said meeting for the apportionment and distribution of the water free of cost.
History:
Laws 1903, ch. 15, § 2; Code 1915, § 5777; C.S. 1929, § 151-447; 1941 Comp., § 77-1444; 1953 Comp., § 75-14-45.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The "preceding section" referred to is § 5776 Code of 1915, now compiled as 73-2-47 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-49 - [Distribution of water.]

The said apportionment and distribution of the water shall be made in accordance with the rights of each ditch, and in proportion to the lands irrigated by each ditch.
History:
Laws 1903, ch. 15, § 3; Code 1915, § 5778; C.S. 1929, § 151-448; 1941 Comp., § 77-1445; 1953 Comp., § 75-14-46.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 22.
93 C.J.S. Waters § 192.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-50 - [Neglect of duty; penalty.]

If any superintendent or water commissioner, neglects or refuses to discharge the duties required of him by the three preceding sections [73-2-47 to 73-2-49 NMSA 1978], he shall be fined for each offense in a sum not to exceed ten dollars ($10.00) recoverable before any justice of the peace [magistrate court] in the county; and the moneys thus recovered from said fines, shall be paid to the county treasurer, to be applied to the school fund of the district where said offense is committed.
History:
Laws 1903, ch. 15, § 4; Code 1915, § 5779; C.S. 1929, § 151-449; 1941 Comp., § 77-1446; 1953 Comp., § 75-14-47.
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 provision that all fines and forfeitures collected under general laws shall go into state current school fund,
see
N.M. Const., art. XII, § 4.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 22.
28 C.J.S. Drains § 97; 93 C.J.S. Waters § 192.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-51 - [Not applicable on Rio Grande.]

Nothing in the four preceding sections [73-2-47 to 73-2-50 NMSA 1978] shall be construed as applying to the community or other ditches constructed from and conveying waters from the Rio Grande.
History:
Laws 1903, ch. 15, § 5; Code 1915, § 5780; C.S. 1929, § 151-450; 1941 Comp., § 77-1447; 1953 Comp., § 75-14-48.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The "four preceding sections" referred to in the section are §§ 5776 to 5779, now compiled as 73-2-47 to 73-2-50 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-52 - [Spillways; place; work on excess water.]

Whenever 10 [ten] or more of the landowners of any main ditch or lateral, deem it necessary to open a drainage, tajo or outlet, near the main dam or away from said dam of any public ditch or lateral, with the object of drawing off the excess of water, or to regulate the water of said ditches, with the object of protecting the dams from any floods, or the damage of lands from excess waters, the water commissioners of said ditch or lateral are authorized to determine the place where such drainage, tajo or outlet shall be opened, under the supervision of the mayordomo by the owners of the irrigable land of such ditch and the work shall be taxed in proportion of the irrigable property of each owner, and any person or persons belonging to said ditch or lateral, who shall fail or refuse to perform work, or pay the amount assessed against him in lieu of said work shall not be allowed to take or use any water from the same or any contra acequia or lateral thereof, whilst default in such payment or failure to do such work, continues.
History:
Laws 1903, ch. 85, § 1; Code 1915, § 5781; Laws 1921, ch. 148, § 1; C.S. 1929, § 151-451; 1941 Comp., § 77-1448; 1953 Comp., § 75-14-49.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right of appropriator of water to recapture water which has escaped or is otherwise no longer within his immediate possession, 89 A.L.R. 210.
Liability of landowner for damages caused by overflow, seepage or the like resulting from defect in artificial underground drain, conduit or pipe, 44 A.L.R.2d 960.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-53 - [Degaguas; irrigation from; irrigation with excess water; subject to regular payment; use without consent of mayordomo; penalty.]

The owners of irrigable land, situate in the margin of any drainage or discharges of water from any public ditch, being a member or members of said ditch, shall have to pay for the irrigation of said lands in the same manner as all other lands belonging to said ditches, whether they irrigate them for the uses of harvest, or for hay land, alfalfa or other pasture, and shall not be excused on the pretext that they only use the excess of water of said ditch. And if such owners of land use the water without the consent of the mayordomo, they shall be fined in a sum not less than ten dollars ($10.00) nor more than twenty dollars ($20.00).
History:
Laws 1903, ch. 85, § 2; Code 1915, § 5782; C.S. 1929, § 151-452; 1941 Comp., § 77-1449; 1953 Comp., § 75-14-50.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The "preceding section" referred to is § 5776 Code of 1915, now compiled as 73-2-47 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 9.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-54 - [Joint spillways or degaguas; use of water without consent; penalty.]

When two or more public ditches drain their excess of waters at the same drainage, the same shall be considered as joint owners of said drainage and no person or persons that may own lands on either side of said drainage shall have the right to use the water of said drainage without the consent of the mayordomos of said joint owners, and said owners of land shall not be permitted to put any impediment, encumbrances, or sidegates or dams upon said drainage and if at any time it shall be discovered that they use the water with the object of irrigating land whether it may be for harvest, or hay land to cut hay or to purchase stock of any kind, they shall be responsible for the damages that the excess of water may cause in time of flood; furthermore if they use the water without the consent of the mayordomos of said joint owners' drainage, they shall be fined in a sum not less than five dollars ($5.00) nor more than ten dollars ($10.00) for each and every offense.
History:
Laws 1903, ch. 85, § 3; Code 1915, § 5783; C.S. 1929, § 151-453; 1941 Comp., § 77-1450; 1953 Comp., § 75-14-51.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 49.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-55 - [Joint spillways or degaguas; use of water; authority of majority of mayordomos.]

The majority of the mayordomos of said ditches of the joint drainage, shall be authorized to make arrangements with said owners of land regarding the use of said excess waters, and the result of said arrangements shall be for the benefit of all ditches that may discharge the water upon such drainage.
History:
Laws 1903, ch. 85, § 4; Code 1915, § 5784; C.S. 1929, § 151-454; 1941 Comp., § 77-1451; 1953 Comp., § 75-14-52.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-55.1 - Water banking; acequias and community ditches.

An acequia or community ditch may establish a water bank for the purpose of temporarily reallocating water without change of purpose of use or point of diversion to augment the water supplies available for the places of use served by the acequia or community ditch. The acequia or community ditch water bank may make temporary transfers of place of use without formal proceedings before the state engineer, and water rights placed in the acequia or community ditch water bank shall not be subject to loss for non-use during the period the rights are placed in the water bank. An acequia or community ditch water bank established pursuant to this section is not subject to recognition or approval by the interstate stream commission or the state engineer.
History:
Laws 2003, ch. 54, § 1 and Laws 2003, ch. 132, § 1.
ANNOTATIONS
Cross references.
— For additional enactment concerning water banking,
see
72-1-2.3 NMSA 1978.
Duplicate laws.
— Laws 2003, ch. 54, § 1 and Laws 2003, ch. 132, § 1, both effective June 20, 2003, enacted identical new sections.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-57 - [Crossing lands in reconstruction; compensation; determination; procedure.]

Should they deem it necessary, the mayordomo may cut through the lands of any person or persons, by first obtaining their consent, by the community of such ditch offering to pay a compensation, to be agreed upon between the owner or owners of the lands through which the ditch is to be opened, and the parties interested in the said ditch. If the owner or owners, who shall be solicited to permit their lands to be ditched, in the cases mentioned in the preceding section [73-2-56 NMSA 1978], should improperly refues [refuse] or decline to accept the compensation offered by the parties interested in such ditch, or ask a compensation which the parties interested do not agree to on account of its exorbitance, in such case the mayordomo of said ditch shall lay the case before the justice of the peace [magistrate court] of the precinct in which such ditch may be situated, and it shall be the duty of the justice of the peace [magistrate court], to whom the case is presented, to appoint three men, experts, of known integrity, to establish a just compensation to be paid to the owner or owners solicited to permit their lands to be ditched through in the cases above mentioned.
History:
Laws 1919, ch. 39, § 2; C.S. 1929, § 151-458; 1941 Comp., § 77-1453; 1953 Comp., § 75-14-54.
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 "preceding section" referred to in the section means Laws 1919, Ch. 39, § 1, now compiled as 73-2-56 NMSA 1978.
Cross references.
— For provisions relating to construction of ditches,
see
73-2-1 to 73-2-3 NMSA 1978.
For general provision for condemnation of land for ditches,
see
72-1-5 NMSA 1978.
No experts appointed unless petition showed preconditions met.
— Justice had no jurisdiction to appoint experts to appraise property involved in relocation of ditch unless petition showed that all the conditions existed as set forth in 25, 1897 C.L. (since repealed), and that the owner had notice of the application.
Leyba v. Armijo
, 1902-NMSC-017, 11 N.M. 437, 68 P. 939.
Commissioners must prove public necessity for taking.
— In taking land for public use on either side of the ditch when either building a new ditch or enlarging or extending a ditch, the burden would be on commissioners to prove public necessity for the taking. 1969 Op. Att'y Gen. No. 69-96.
Inverse condemnation suit proper.
— In the event that ditch commissioners were to take land without initiating condemnation proceedings, landowner may institute his own suit for inverse condemnation and receive just compensation for the taking. 1969 Op. Att'y Gen. No. 69-96.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 2 - Ditches or Acequias › Section 73-2-58 - [Appraisers; oath.]

Whenever the three experts shall be appointed as appraisers, before they enter upon their duties as such appraisers, they shall file in the office of the justice of the peace [magistrate], who appointed them, an oath to faithfully, legally and impartially discharge the duties for which they were appointed.
History:
Laws 1919, ch. 39, § 3; C.S. 1929, § 151-459; 1941 Comp., § 77-1454; 1953 Comp., § 75-14-55.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 90 et seq.