reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-4 - [Petition; hearing; notice.]

On such petition being filed the court or judge thereof shall make an order fixing a time and place of hearing thereon and ordering notice; thereupon the clerk of said court, for the county in which the proceedings are instituted, shall cause twenty days' notice of the filings of such petition to be given:
A. by posting notice thereof in at least five public places in the district in which said work is to be done;
B. by serving or causing to be served a copy of such notice on each owner or reputed owner of land within proposed district, residing in any county in which any lands in said proposed district are situated either personally or by leaving a copy thereof at his last usual place of abode, with a person of suitable age and discretion, to whom its contents shall be explained; and
C. by publishing a copy thereof at least once a week for three successive weeks in some newspaper published in each county from which any part of the district is proposed to be taken. If there be no newspaper in any such county, such notice may be published in a newspaper of general circulation in the district.
Such notice shall state:
A. in what court said petition is filed;
B. state briefly the starting points, routes and termini of said drains or ditches;
C. give a general description of the proposed work;
D. give the proposed boundaries of said district (or a general description of all the lands in said proposed district);
E. give the name proposed for said drainage district; and
F. shall also state the time and place by the court fixed when and where the petitioners will ask a hearing on said petition.
History:
Laws 1912, ch. 84, § 4; Code 1915, § 1880; C.S. 1929, § 40-104; 1941 Comp., § 77-1804; 1953 Comp., § 75-19-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For service in the district court,
see
Rule 1-004 NMRA.
For posting, publication and mailing of notice unnecessary,
see
73-6-7 NMSA 1978.
For general provisions regarding publication of notice,
see
Chapter 14, Article 11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Sufficiency of statutory provision for notice and hearing, 84 A.L.R. 1098, 145 A.L.R. 1196.
28 C.J.S. Drains § 32 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-5 - [Nonresidents; petition; notice.]

If any of the owners or reputed owners of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post-office addresses of such nonresidents, if such are known, and if such are unknown, shall state that upon diligent inquiry their names or post-office addresses (whichever may be the fact) cannot be ascertained. The clerk of the court shall mail a copy of the notice aforesaid to each of said nonresidents whose post-office address is known, within six days after the publication of the same.
History:
Laws 1912, ch. 84, § 5; Code 1915, § 1881; C.S. 1929, § 40-105; 1941 Comp., § 77-1805; 1953 Comp., § 75-19-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For process in the district court,
see
Rule 1-004 NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-6 - [Notice; proof of service.]

The certificates of the clerk of the court, or other public officer, or the affidavit of any person who knows the facts, affixed to a copy of said notice, shall be sufficient evidence of the posting, serving, mailing or publication thereof.
History:
Laws 1912, ch. 84, § 6; Code 1915, § 1882; C.S. 1929, § 40-106; 1941 Comp., § 77-1806; 1953 Comp., § 75-19-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For proof of service of a petition,
see
Rule 1-004 NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-7 - [Notice; personal service.]

Personal service of said notice on or service by leaving at the usual place of abode of all owners or reputed owners of lands within said district shall give the court complete jurisdiction, without posting, publication or mailing of said notice.
History:
Laws 1912, ch. 84, § 7; Code 1915, § 1883; C.S. 1929, § 40-107; 1941 Comp., § 77-1807; 1953 Comp., § 75-19-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For procedure required for service of notice in the district court,
see
Rule 1-004 NMRA and commentary.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 13.
28 C.J.S. Drains § 32 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-8 - [Notice; owners not served.]

If it shall be found before the hearing on a petition for the organization of a drainage district, that one or more owners or reputed owners of land in said district have not been duly served with notice of hearing on said petition, the court, or presiding judge, shall not thereby lose jurisdiction. The court, or presiding judge in such case shall adjourn the hearings, make an order directing the serving of said notice upon said landowner and fixing the time and manner of service of such notice, which notice shall notify him to appear at said adjourned time and place and be heard on said petition.
History:
Laws 1912, ch. 84, § 8; Code 1915, § 1884; C.S. 1929, § 40-108; 1941 Comp., § 77-1808; 1953 Comp., § 75-19-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— Forservice of process in the district court,
see
Rule 1-004 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 30.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-9 - [Notice; time of service.]

Said notice shall be served personally or by leaving at the usual place of abode of said unserved owners, or reputed owners as in Section 73-6-4 NMSA 1978 provided not less than eight days before said hearing or published not less than fourteen days before said adjourned hearing, in some newspaper published in the county in which said owner's lands lie, or if no newspaper be published in said county, then in some newspaper of general circulation in the district.
History:
Laws 1912, ch. 84, § 9; Code 1915, § 1885; C.S. 1929, § 40-109; 1941 Comp., § 77-1809; 1953 Comp., § 75-19-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For required procedure for service of notice in the district court,
see
Rule 1-004 NMRA and commentary.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-10 - [Hearing; failure of service.]

Upon the adjourned day the same proceedings, adjournments, trial, findings and orders may be had as in case of complete service of notice in the first instance. In case of failure to mail said notice as herein required, the court or judge may order the same mailed at least fourteen days before said adjourned hearing. In case of failure to publish or post notice, as in this chapter required, the court or judge may adjourn said hearing for sufficient time to permit the due posting and publication of said notice, and order said notice posted or published as in Section 73-6-4 NMSA 1978 directed. In case of adjournment to permit notice to be given the notice shall state the fact of such adjournment and the time and place of hearing pursuant to said adjournment.
History:
Laws 1912, ch. 84, § 10; Code 1915, § 1886; C.S. 1929, § 40-110; 1941 Comp., § 77-1810; 1953 Comp., § 75-19-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code substituted "this chapter" for "this act." The reference is to the sections of Code 1915, ch. XXXI, §§ 1877 to 1962, presently compiled as 73-6-1 to 73-6-17, 73-6-25 to 73-6-44, 73-7-1 to 73-7-24, 73-7-37, 73-7-38 and 73-7-40 to 73-7-56 NMSA 1978. §§ 1959 to 1962 of the 1915 Code were derived from Laws 1909, ch. 147, §§ 1 to 4, which were repealed by Laws 1965, ch. 300, § 595.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-11 - [Hearing; objections.]

On the day fixed for hearing on such petition all parties owning lands, or any interests or easements in land, within said proposed district, or who would be affected thereby, may appear and contest:
A. the sufficiency of the petition;
B. the sufficiency of the signers of the petition;
C. the sufficiency of the notice;
D. the constitutionality of the law; and
E. the jurisdiction of the court, specifying their objections to such jurisdiction; and the petitioners and contestants may, on the trial day offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest.
History:
Laws 1912, ch. 84, § 11; Code 1915, § 1887; C.S. 1929, § 40-111; 1941 Comp., § 77-1811; 1953 Comp., § 75-19-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts § 46.
28 C.J.S. Drains § 24.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-12 - [Hearing and determination.]

The court shall hear and determine whether or not the petition contains the signatures of twenty-five percent of the adult owners of lands within the said proposed district and who represent one-fourth in area of the lands proposed to be affected by said work and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing from time to time for want of sufficient notice or to give time to prepare for trial or for other good cause.
History:
Laws 1912, ch. 84, § 12; Code 1915, § 1888; Laws 1921, ch. 166, § 2; C.S. 1929, § 40-112; 1941 Comp., § 77-1812; 1953 Comp., § 75-19-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For finality of findings and orders and appeal to supreme court,
see
73-6-41 NMSA 1978.
Right to withdraw name from petition.
— Any person signing the petition has the right to withdraw his name at any time before the district court has finally acted upon the petition and determined that it is signed by the number required to create the drainage district.
In re Bernalillo County Drainage Dist. No. 1
, 1919-NMSC-004, 25 N.M. 171, 179 P. 233.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts §§ 6, 12 et seq.; 45 Am. Jur. 2d Irrigation §§ 54, 55.
28 C.J.S. Drains §§ 28, 29.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-13 - [Proof of ownership.]

The affidavit of any three or more of the signers of said petition stating that they have examined it, and are acquainted with the locality of said district and that the signers of said petition are adult owners or reputed owners of lands in said district, to satisfy Section 73-6-1 NMSA 1978 may be taken as prima facie evidence of the facts therein stated. And the affidavit of any petitioner or other landowner before such court, or represented before the court, giving the name of affiant and his or her ownerships of the lands, described therein, shall be prima facie evidence to the court of such facts.
History:
Laws 1912, ch. 84, § 13; Code 1915, § 1889; C.S. 1929, § 40-113; 1941 Comp., § 77-1813; 1953 Comp., § 75-19-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-14 - [Petition; deed made to defeat.]

Any deed made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration shall be taken and held to be a fraud, and the grantee therein shall not be considered as the owner of the land described therein.
History:
Laws 1912, ch. 84, § 14; Code 1915, § 1890; C.S. 1929, § 40-114; 1941 Comp., § 77-1814; 1953 Comp., § 75-19-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-15 - [Petition; purchasers after notice of petition.]

All purchasers of land within any drainage district or proposed drainage district after notice of such petition or any other notice provided by this article, shall have been given, or after such petition as hereinbefore referred to has been filed, shall be deemed to have purchased the same with notice thereof and shall be bound thereby to the same extent as the vendor of such lands would have been bound.
History:
Laws 1912, ch. 84, § 15; Code 1915, § 1891; C.S. 1929, § 40-115; 1941 Comp., § 77-1815; 1953 Comp., § 75-19-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code substituted "this article" for "this act." "This article" refers to chapter XXXI, Article 1, Code of 1915. For sections as presently compiled,
see
note catchlined "Meaning of 'this chapter' " in 73-6-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-16 - [Petition; insufficient signatures.]

If the court, or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that same has not been signed as herein required, the said petition shall be dismissed at the cost of the petitioners, and judgment shall be entered against said petitioners for the amount of said costs.
History:
Laws 1912, ch. 84, § 16; Code 1915, § 1892; C.S. 1929, § 40-116; 1941 Comp., § 77-1816; 1953 Comp., § 75-19-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts §§ 8, 9, 17, 19, 23.
94 C.J.S. Waters § 324.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-17 - [Finding sufficient number of signers; certificate; calling election for drainage commissioners.]

But if it shall appear that the petition has been so signed, the court or judge shall so find, and shall certify such fact to the board of county commissioners of the county or counties in which such district is situated, and said commissioners shall call an election for the election of commissioners of the said drainage district which said call for election shall be in the same form as proclamations for elections now provided by law, and such election shall be held within thirty days after the receipt of the certificate from the district court as provided for herein.
History:
Laws 1912, ch. 84, § 17; Code 1915, § 1893; Laws 1919, ch. 156, § 1; C.S. 1929, § 40-117; 1941 Comp., § 77-1817; 1953 Comp., § 75-19-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1919 amendment rewrote this section, which formerly provided for the appointment of commissioners by the court. The 1915 catchline was omitted from the 1919 amendment.
Cross references.
— For law regarding proclamations for elections,
see
1-11-1 to 1-11-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-18 - [Qualifications of voters; application of general election laws.]

At such election and at all elections held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], all resident freeholders who are the owners of land within the proposed drainage district, or other evidences of title to such lands, who are qualified electors under the general election laws of the state, shall be entitled to vote, and none others. Insofar as applicable, the general election laws of the state, except requirements for registration, and except as in this act otherwise provided, shall govern all elections under this act.
History:
Laws 1919, ch. 156, § 2; C.S. 1929, § 40-118; 1941 Comp., § 77-1818; 1953 Comp., § 75-19-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— "This act" refers to Laws 1919, ch. 156, §§ 1-12, now compiled as 73-6-17 to 73-6-25 and 73-6-33 NMSA 1978.
Cross references.
— For definition of "resident freeholder,"
see
73-6-21 NMSA 1978.
For general election laws,
see
Chapter 1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319(2).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-19 - [Elected by plurality vote.]

At all elections held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], the commissioners or persons receiving the highest number of votes cast by the qualified electors of the district shall be declared to be elected.
History:
Laws 1919, ch. 156, § 3; C.S. 1929, § 40-119; 1941 Comp., § 77-1819; 1953 Comp., § 75-19-19.
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 6 - Drainage Districts; Formation › Section 73-6-20 - [Ballots.]

For the first election to be held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], requisite ballots shall be provided under the direction of the board of county commissioners; and at all elections subsequent to the said first election, all such ballots shall be provided by the commissioners of the drainage district.
History:
Laws 1919, ch. 156, § 4; C.S. 1929, § 40-120; 1941 Comp., § 77-1820; 1953 Comp., § 75-19-20.
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 6 - Drainage Districts; Formation › Section 73-6-21 - ["Resident freeholder" defined.]

Any person residing within any county in which any portion of a drainage or proposed drainage district shall lie, and who is the owner of agricultural land within the limits of the district, shall, for the purposes of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], be considered a resident freeholder.
History:
Laws 1919, ch. 156, § 5; C.S. 1929, § 40-121; 1941 Comp., § 77-1821; 1953 Comp., § 75-19-21.
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 6 - Drainage Districts; Formation › Section 73-6-22 - [Determining and declaring result of election.]

On the second Monday next succeeding the first election provided for by this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], the board of county commissioners shall meet and proceed to canvass the votes cast at such election and declare the result as by this act provided.
History:
Laws 1919, ch. 156, § 6; C.S. 1929, § 40-122; 1941 Comp., § 77-1822; 1953 Comp., § 75-19-22.
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 6 - Drainage Districts; Formation › Section 73-6-23 - [Election precincts; polling places; election judges and clerks.]

For the purposes of the first election hereinbefore provided for, if, in the judgment of the board of county commissioners, it is necessary so to do, said board may establish election precincts and polling places in addition to the number of voting precincts provided by law, and define the boundaries thereof, and such precincts may thereafter be changed by the commissioners of such drainage district. In the event of additional election precincts and polling places being designated as aforesaid, judges of election for each such precinct shall be appointed, one of whom shall act as clerk of election.
History:
Laws 1919, ch. 156, § 7; C.S. 1929, § 40-123; 1941 Comp., § 77-1823; 1953 Comp., § 75-19-23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-24 - [Time for holding second and subsequent elections; commissioners holding over.]

Regular elections of any such district shall be held on the first Tuesday after the first Monday of December of each second calendar year following the first election hereinbefore provided for, and the commissioners so elected at each of said elections shall hold their offices until their successors are elected and have qualified in accordance with the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978].
History:
Laws 1919, ch. 156, § 8; C.S. 1929, § 40-124; 1941 Comp., § 77-1824; 1953 Comp., § 75-19-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For meaning of "this act",
see
the compiler's note following 73-6-18 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 14.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-25 - [Commissioners; oath; bond; quorum; concurrence of majority.]

Before entering upon their duties, such commissioners shall take and subscribe an oath to support the constitution of the United States and the constitution of the state of New Mexico, to faithfully and impartially discharge their duties as such commissioners and to render a true account of their duties to the district court within whose district the said drainage district is located, whenever required by law or the order of the said court, and shall execute a bond running to the state of New Mexico to be filed with said clerk for the benefit of the parties interested, in an amount to be fixed by the said district court or presiding judge thereof, with sureties to be approved by the court or presiding judge, conditioned for the faithful discharge of their duties as such commissioners, and the faithful accounting for and application of all moneys which shall come into their hands as such commissioners. A majority shall constitute a quorum, and a concurrence of a majority in any matter within their duties shall be sufficient for its determination.
History:
Laws 1912, ch. 84, § 18; Code 1915, § 1894; Laws 1919, ch. 156, § 9; C.S. 1929, § 40-125; 1941 Comp., § 77-1825; 1953 Comp., § 75-19-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For annual report of commissioners,
see
73-6-29 NMSA 1978.
For report on necessity benefits and boundaries (preliminary report),
see
73-6-33 and 73-6-34 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 14 et seq.; 93 C.J.S. Waters § 128; 94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-26 - [Appointments to fill expired terms; time; notice.]

Appointments to fill expired terms in the office of drainage commissioners shall be made by the presiding judge of the district court of the county having jurisdiction of the drainage district at the courthouse therein, during the first ten days of September, or as soon thereafter as possible, on a day fixed by the court at least thirty days before such appointment is to be made and a written notice of the time fixed, mailed under direction of the court to each landowner of the district in each district in which such terms expire.
History:
Laws 1912, ch. 84, § 20; Code 1915, § 1896; C.S. 1929, § 40-126; 1941 Comp., § 77-1826; 1953 Comp., § 75-19-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1919, ch. 156, provided for the election of drainage district commissioners and is presently compiled as 73-6-17 to 73-6-25 and 73-6-33 NMSA 1978. Section 73-6-24 NMSA 1978 provided for the regular election of commissioners. Laws 1919, ch. 156, § 11, repealed all provisions in conflict with that act.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 14.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-27 - [Commissioners; vacancies.]

Vacancies in the board may be filled by such judge at any time, the commissioners appointed to hold [office] for the residue of the unexpired term. The removal of any commissioner from the county or counties in which lands of such district are situated shall render his office vacant.
History:
Laws 1912, ch. 84, § 21; Code 1915, § 1897; C.S. 1929, § 40-127; 1941 Comp., § 77-1827; 1953 Comp., § 75-19-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For authority of court to remove commissioners,
see
73-7-50 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 14.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-28 - [Commissioners; accounts; records; vouchers.]

The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge, and of all payments made by them, and shall take vouchers for such payments and shall keep full, accurate and true minutes of all their proceedings.
History:
Laws 1912, ch. 84, § 22; Code 1915, § 1898; C.S. 1929, § 40-128; 1941 Comp., § 77-1828; 1953 Comp., § 75-19-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 15 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-29 - [Commissioners; annual report.]

On the first Tuesday of September of each year they shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all times.
History:
Laws 1912, ch. 84, § 23; Code 1915, § 1899; C.S. 1929, § 40-129; 1941 Comp., § 77-1829; 1953 Comp., § 75-19-29.
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 6 - Drainage Districts; Formation › Section 73-6-30 - [Commissioners; compensation; expenses.]

They shall receive for their services such compensation as the court or presiding judge thereof may determine. They shall also receive their actual reasonable expenses.
History:
Laws 1912, ch. 84, § 24; Code 1915, § 1900; C.S. 1929, § 40-130; 1941 Comp., § 77-1830; 1953 Comp., § 75-19-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 15 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-31 - [Commissioners; court to control; contempt.]

They shall at all times be under the control and direction of the court or presiding judge, and shall obey its or his directions; failure [failing] so to do they shall forfeit their compensation and be dealt with summarily as for contempt.
History:
Laws 1912, ch. 84, § 25; Code 1915, § 1901; C.S. 1929, § 40-131; 1941 Comp., § 77-1831; 1953 Comp., § 75-19-31.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For punishment for contempt,
see
34-1-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-32 - [Commissioners; bonds; liability.]

Suit may also be brought upon their bonds, in the name of the state and the amount recovered shall be applied to the construction of the work or to the party injured, as justice may require.
History:
Laws 1912, ch. 84, § 26; Code 1915, § 1902; C.S. 1929, § 40-132; 1941 Comp., § 77-1832; 1953 Comp., § 75-19-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For requirement that commissioners post bond,
see
73-6-25 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 55.
28 C.J.S. Drains § 14.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-33 - [Commissioners; organization; examination of lands; report.]

Within ten days after said commissioner [commissioners] shall be elected and qualified they shall meet and organize by electing one of their number president and one secretary, and as soon as may be thereafter, they shall personally examine the lands in said district and make a preliminary report to the court, which report shall state:
A. whether said proposed work is necessary, or would be of utility in carrying out the purposes of the petition;
B. whether the proposed work would promote agricultural interests, and whether there are any lands described in said petition which would not be benefitted by such improvement;
C. whether the total benefits from said proposed work will exceed the cost thereof together with the damages resulting therefrom; and in arriving at this they shall include all benefits and all damages resulting therefrom both within and without said district;
D. said commissioners shall in said report fix as near as may be and report to the court the boundaries of said proposed drainage district. Said boundaries shall not be so changed from those in the petition as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within said changed boundaries.
History:
Laws 1912, ch. 84, § 27; Code 1915, § 1903; Laws 1919, ch. 156, § 10; C.S. 1929, § 40-133; 1941 Comp., § 77-1833; 1953 Comp., § 75-19-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For commissioners' right of entry on lands,
see
73-7-18 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Effect of incidental private benefit of eminent domain for drainage, 53 A.L.R. 21.
28 C.J.S. Drains § 37 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-34 - [Commissioners to report.]

If said proposed work as in the petition described, is not best suited to carry out the purposes of the petition the commissioners shall consider and base their report upon some other plan best suited to carry out those purposes and propose to the court the plan by them recommended.
History:
Laws 1912, ch. 84, § 28; Code 1915, § 1904; C.S. 1929, § 40-134; 1941 Comp., § 77-1834; 1953 Comp., § 75-19-34.
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 6 - Drainage Districts; Formation › Section 73-6-35 - [Commissioners; hearing on report.]

Upon the filing of the preliminary report the court or the presiding judge thereof shall by order fix a time and place when and where the same shall be heard at some general or special term of said court, not less than thirty days from the filing of said report. Notice of the time and place of hearing upon said preliminary report shall be given to all interested persons by publishing a brief notice of the filing of said report, including a brief statement of the substance of said report in one or more newspapers published in each county in which any land in said proposed drainage district shall be situated (or if no newspaper is published in said county, in one or more newspapers of general circulation of the district) once in each week for three consecutive weeks prior to the day appointed for hearing thereon. Said notice shall describe all lands by said report included in said district, which were not included therein by the petition, and state that such lands are to be included in said district which were by the petition included therein and shall state that such lands are to be excluded from said district.
History:
Laws 1912, ch. 84, § 29; Code 1915, § 1905; C.S. 1929, § 40-135; 1941 Comp., § 77-1835; 1953 Comp., § 75-19-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For general provisions regarding publication of notice,
see
Chapter 14, Article 11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drains and Drainage Districts §§ 3, 4, 7, 10, 12, 22.
28 C.J.S. Drains § 41.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-36 - [Commissioners; report; hearing; adjournment.]

Upon the day fixed for hearing upon said report, said court may adjourn said hearing for good cause or may proceed to hear, try and determine all issues arising upon said report.
History:
Laws 1912, ch. 84, § 30; Code 1915, § 1906; C.S. 1929, § 40-136; 1941 Comp., § 77-1836; 1953 Comp., § 75-19-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 41.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-37 - [Commissioners; report; remonstrance.]

Any interested party may appear and remonstrate against said report or any material part thereof. All remonstrances shall be in writing, be verified on oath, be filed at least five days before the day fixed for hearing and shall set forth the facts upon which they are based.
History:
Laws 1912, ch. 84, § 31; Code 1915, § 1907; C.S. 1929, § 40-137; 1941 Comp., § 77-1837; 1953 Comp., § 75-19-37.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 40.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-38 - [Lands added to; notice to owners.]

When lands are added to the district the owners thereof shall be served with said notice as provided for serving of notice of hearing on the petition.
History:
Laws 1912, ch. 84, § 32; Code 1915, § 1908; C.S. 1929, § 40-138; 1941 Comp., § 77-1838; 1953 Comp., § 75-19-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For service of process in the district court,
see
1-004 NMRA.
For serving of notice of hearing on the petition,
see
73-6-4 to 73-6-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-39 - [Commissioners report; trial; judgment; costs.]

All issues arising upon said preliminary report shall be tried by the court without a jury. If the court shall find in favor of the remonstrance, or if said report be that the proposed work will not promote the agricultural interests, or that the benefits from said proposed work will not exceed the damages and cost of construction, and no remonstrance against said report is filed, the petition shall be dismissed and the costs taxed against the petitioners, and judgment entered therefor, as in Section 73-7-12 NMSA 1978, hereinafter provided.
History:
Laws 1912, ch. 84, § 33; Code 1915, § 1909; C.S. 1929, § 40-139; 1941 Comp., § 77-1839; 1953 Comp., § 75-19-39.
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 6 - Drainage Districts; Formation › Section 73-6-40 - [Commissioners report; trial; findings; confirmation.]

But if the preliminary report be that the benefits of said proposed work (or work by the commissioners proposed) will exceed the damages and the cost of construction and that the agricultural interests will be promoted thereby, and no remonstrance thereto is filed, or if on the trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction, and that the agricultural interests will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report or directing amendment of the report to conform to the findings of said court. And when so amended the court shall by order confirm the same and direct said commissioners to proceed with said work with all convenient speed.
History:
Laws 1912, ch. 84, § 34; Code 1915, § 1910; C.S. 1929, § 40-140; 1941 Comp., § 77-1840; 1953 Comp., § 75-19-40.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For findings and conclusions,
see
Rule 1-052 NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-41 - [Commissioners report; findings final; appeal to Supreme Court.]

Such findings and order shall be final and conclusive unless appealed from, to the supreme court within thirty days after filing thereof.
History:
Laws 1912, ch. 84, § 35; Code 1915, § 1911; C.S. 1929, § 40-141; 1941 Comp., § 77-1841; 1953 Comp., § 75-19-41.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appeals to the Supreme Court,
see
Rule 12-201 NMRA.
Right of appeal from findings as to required signatures.
— This section gives the right of appeal to the supreme court from the findings of the district court in regard to the required signatures of the petition within thirty days after the same are filed, and consequently cuts off the right to further question such findings.
In re Dexter-Greenfield Drainage Dist.
, 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-42 - [Name; boundaries; corporation; powers.]

Upon entering of such order of confirmation of said preliminary report of record, such drainage district shall be, and is thereby declared to be organized as a drainage district by the name mentioned in said petition, or such other name as the court shall fix, with the boundaries fixed by the order confirming the report of said commissioners, to be a body corporate by said name fixed in said order, with the right to sue and be sued, to adopt and use a seal and to have perpetual succession.
History:
Laws 1912, ch. 84, § 36; Code 1915, § 1912; C.S. 1929, § 40-142; 1941 Comp., § 77-1842; 1953 Comp., § 75-19-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Court does not organize corporation,
but merely sits in judgment as a judicial tribunal to ascertain that certain required facts and conditions exist, the statute thereupon organizes the corporation.
In re Dexter-Greenfield Drainage Dist.
, 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
Municipal corporation may be sued at law and equity.
— Municipal corporation, having capacity to sue and be sued, may be sued both at law and in equity whenever a cause of action exists against it.
Roswell Drainage Dist. v. Parker
, 53 F.2d 793 (10th Cir. 1931).
Satisfaction of judgment impossible.
— Fact that creditor may not be able to obtain satisfaction of his judgment against municipal corporation does not affect his right to sue and obtain judgment.
Roswell Drainage Dist. v. Parker
, 53 F.2d 793 (10th Cir. 1931).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Personal injuries, liability of drainage district for, 33 A.L.R. 77.
28 C.J.S. Drains § 42 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-43 - [Commissioners; powers.]

The commissioners appointed as aforesaid and their successors in office shall from the entry of such order of confirmation, constitute the corporate authority of said drainage district, and shall exercise the functions conferred on them by law, and do all things and perform all acts necessary to the construction and preservation of the proposed work.
History:
Laws 1912, ch. 84, § 37; Code 1915, § 1913; C.S. 1929, § 40-143; 1941 Comp., § 77-1843; 1953 Comp., § 75-19-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 9 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 6 - Drainage Districts; Formation › Section 73-6-44 - [Conditions precedent to formation of drainage district.]

All proceedings herein required, prior to the entry of such order of confirmation of record, shall be deemed to be and are hereby declared to be necessary to the formation of said body corporate.
History:
Laws 1912, ch. 84, § 38; Code 1915, § 1914; C.S. 1929, § 40-144; 1941 Comp., § 77-1844; 1953 Comp., § 75-19-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-2 - [Commissioners; power over plans.]

The commissioners shall not be confined to the points of commencement, routes or termini of the drains or ditches, or the number, extent or size of the same or the location, plan or extent of any drain, ditch or other work, as proposed by the petitioners, but shall locate, design, lay out and plan the same in such manner as to them shall seem best, to promote the agricultural interests and to drain, or to protect the lands of the parties interested with the least damage and the greatest benefit to all lands affected thereby. And any plan proposed by the commissioners, may on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.
History:
Laws 1912, ch. 84, § 40; Code 1915, § 1916; C.S. 1929, § 40-146; 1941 Comp., § 77-1902; 1953 Comp., § 75-20-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-3 - [Change of boundaries.]

If the commissioners find that the proposed district as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands, as the case may be; and the boundaries adopted and reported by them, may, upon the hearing of their report, as hereinafter provided, upon their application, or that of any person interested, be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable. Said report shall be filed with the clerk of the court.
History:
Laws 1912, ch. 84, § 41; Code 1915, § 1917; C.S. 1929, § 40-147; 1941 Comp., § 77-1903; 1953 Comp., § 75-20-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 40.
28 C.J.S. Drains §§ 10, 11; 94 C.J.S. Waters § 319(2), (3).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 7 - Drainage Districts; Construction, Operation and Maintenance › Section 73-7-4 - [Report; notice of hearing.]

Upon the filing of said report, the court shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmations thereof, and the clerk of said court shall cause notice of the time and place of such hearing to be given to all parties interested, which notice shall contain a brief description of the lands benefited and damaged, together with the net damage awarded to the several tracts, parcels, easements and corporations to which damages are awarded and the sum in each case assessed for construction against said several benefited parcels, tracts, easements and corporations.
History:
Laws 1912, ch. 84, § 42; Code 1915, § 1918; C.S. 1929, § 40-148; 1941 Comp., § 77-1904; 1953 Comp., § 75-20-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For service of process,
see
Rule 1-004 NMRA.
For notice of hearings in the district court,
see
Rules 1-005, 1-005.1 and 1-005.2 NMRA.
Not proper for delinquent landowner to change basis of assessment.
— Where a report discloses that the basis of an assessment is the benefits to be derived to each tract of land, a landowner cannot, in defending collection of interest due upon the assessment, urge that the amount assessed against a given tract exceeds the sum actually expended thereon, since that would change the basis of the assessment.
State ex rel. Hagerman Drainage Dist. v. Stanley
, 1923-NMSC-025, 28 N.M. 420, 213 P. 770.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 40.