reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-6.1 - Reclassification of property in certain districts.

A. Notwithstanding the provisions of Section 73-18-6 NMSA 1978 and in lieu thereof, the board of directors of any conservancy district created prior to 1930 embracing land situate in four or more counties and consisting of more than one hundred thousand acres, by resolution and with prior approval of the secretary of interior, in the manner it deems necessary for the welfare of the district and the benefit of the affected property owners of the district, shall establish by January 1, 1995 a unitary classification system for all benefited real property in the district for the purpose of annual ad valorem assessments and in addition shall set a water service charge for all irrigable lands in the district. The resolution of reclassification shall not become final and effective until it has been approved by the secretary of interior. Nothing in this subsection shall be construed to limit the authority of the board to prescribe assessments and charges on an ad valorem basis, on an acreage basis or on any other reasonable basis or any combination thereof.
B. As used in this section:
(1) "unitary classification system" means a single system for both irrigable and nonirrigable property in the district; and
(2) "water service charge" means an additional charge levied only against lands which are served by the district's water delivery system.
History:
Laws 1993, ch. 270, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-7 - Apportionment.

The board of a contracting district, within 30 days after execution of a reclamation contract or within 30 days after the effective date of this act, whichever date is the later, shall by resolution determine and establish an apportionment of the annual assessments to be thereafter made from year to year against the real property within the district between Class "A" property and Class "B" property as in this act defined, providing in such resolution the percentage or fractional part of such total annual assessments thereafter to be levied in accordance with Section 8 [73-18-8 NMSA 1978] of this act which shall be apportioned to Class "A" property and that which shall be apportioned to Class "B" property. The action of the board of directors in establishing such apportionment shall be subject to the approval of the secretary of the interior and after the same shall have been approved shall be submitted to the conservancy court for judicial examination, approval and confirmation of such action as in Section 20 [73-18-20 NMSA 1978] hereof provided. Such apportionment may be modified in like manner from time to time thereafter, but not more frequently than once in every five years, and no such modification or reapportionment shall become effective until the same shall have been first approved by the secretary of the interior nor until such proposed reapportionment shall thereafter have been judicially examined, approved and confirmed by the conservancy court in the same manner as the original apportionment.
History:
Laws 1939, ch. 148, § 7; 1941 Comp., § 77-3107; 1953 Comp., § 75-32-7.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-18-1 NMSA 1978.
Cross references.
— For definition of conservancy court,
see
73-14-3 G NMSA 1978.
No unlawful delegation of legislative power.
— This act (Sections 73-18-1 to 73-18-24 NMSA 1978) does not constitute an unlawful delegation of legislative power to the secretary of interior because of the further provision that the action of the secretary on apportionment of assessments as between irrigable lands and others must be submitted to the conservancy court for judicial examination, confirmation and approval.
In re Arch Hurley Conservancy Dist.
, 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
Generally.
— Under this section, the governing board of the district, after the execution of a contract, determines and establishes an apportionment of the annual assessments to be made against Class "A" and Class "B" property. Such apportionment is subject to the approval of the secretary of the interior and the approval and confirmation of the conservancy court. Such apportionment may be modified not more frequently than once every five years after approval by the secretary of the interior and conservancy court in the same manner as the original apportionment. 1960 Op. Att'y Gen. No. 60-209.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-7.1 - Assessment; modification; certain districts.

Notwithstanding the provisions of Section 73-18-7 NMSA 1978 and in lieu thereof, the board of directors of any conservancy district created prior to 1930 embracing land situate in four or more counties and having more than one hundred thousand acres shall determine and establish by resolution the annual assessments to be made from year to year against real property within the district pursuant to the reclassification of property adopted pursuant to Section 73-18-6.1 NMSA 1978. Such assessment may be modified in like manner from time to time, but not more frequently than once in every five years.
History:
Laws 1993, ch. 270, § 2.
ANNOTATIONS
Effective dates.
— Laws 1993, ch. 270, § 6 made the act effective January 1, 1995.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-9.1 - County treasurers; district treasurers; certain districts; collection and disposition of assessments.

A. Notwithstanding the provisions of Section 73-18-9 NMSA 1978 and in lieu thereof, the county treasurer of any county wholly or partly within a conservancy district created prior to 1930, situate in four or more counties and consisting of more than one hundred thousand acres, shall collect and receipt for all ad valorem assessments levied by the conservancy district.
B. The county treasurer of any county specified in Subsection A of this section shall collect the ad valorem assessments in the same manner and at the same time as is required for the collection of taxes upon real property for county purposes.
C. The county treasurer shall remit such collections as provided in this section to the conservancy district treasurer no later than the twentieth of each month in the manner prescribed by Subsection B of Section 73-18-9 NMSA 1978.
D. The treasurer of the conservancy district shall collect and receipt for all water service charges levied in accordance with the resolution and orders of the board of directors of the district.
History:
Laws 1993, ch. 270, § 4.
ANNOTATIONS
Saving clauses.
— Laws 1993, ch. 270, § 5, effective January 1, 1995, provided that all due but unpaid assessments and levies charged on an ad valorem basis or an acreage basis by a conservancy district created prior to 1930 embracing land situate in four or more counties under the provisions of Article 8, Chapter 73 NMSA 1978 shall remain due until paid or until a final determination is made that the taxes are not due, and that any protests, claims for refund, court proceedings or other actions ongoing with respect to such assessments and levies shall be finally determined with respect to the applicable provisions of Article 8, Chapter 73 NMSA 1978 in effect for such a conservancy district prior to January 1, 1995.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-10 - Lien of assessments.

All assessments levied to meet any indebtedness due or to become due to the United States pursuant to the reclamation law, rules and regulations, a reclamation contract or notices or statements issued by the secretary of the interior thereunder, together with all interest on all assessments and penalties for default in payment of the same, and all costs in collecting the same, shall from the date on which there is filed in the office of the assessor of the county in which is situated the property upon which such assessment is made a certified copy of the resolution of the board determining the amount of money to be raised, fixing the rate of such assessments and making a levy therefor, shall constitute a perpetual lien upon all the district real property against which such assessments shall be so levied, to which only the lien for general or special state, county, city, town, village or school taxes shall be paramount, and no sales of such property to enforce any general or special state, county, city, town, village, school tax or other lien shall extinguish the perpetual lien of such assessments nor extinguish the liability of such property to future assessment for payment of any indebtedness to the United States provided for in a reclamation contract; and every other assessment hereafter levied upon any real property within the district, under the provisions of this act [73-18-1 to 73-18-24 NMSA 1978], is and shall be a lien upon the property against which such assessment is levied. All such assessments shall be collected, and all such liens shall be enforced in the same manner as assessments of taxes for state and county purposes are collected and the liens thereof are enforced.
History:
Laws 1939, ch. 148, § 10; 1941 Comp., § 77-3110; Laws 1947, ch. 205, § 1; 1953 Comp., § 75-32-10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 336.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-11 - State lands; public lands.

A. The board of a contracting district shall cause notice to be given to the commissioner of public lands annually of the amount of assessment to become due on account of lands of the state within the district and the commissioner of public lands shall cause the same to be paid out of any funds in his hands not otherwise appropriated.
B. Public lands of the United States within any contracting district shall be subject to assessment for all purposes of this act [73-18-1 to 73-18-24 NMSA 1978] to the extent provided by the act of congress approved August 11, 1916, 39 Statutes at Large 506, upon full compliance therewith by the district.
History:
Laws 1939, ch. 148, § 11; 1941 Comp., § 77-3111; 1953 Comp., § 75-32-11.
ANNOTATIONS
Cross references.
— For the act of congress approved August 11, 1916, referred to in Subsection B,
see
43 U.S.C. §§ 621 to 630.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 60.
94 C.J.S. Waters § 319(3).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-12 - Land disposal contracts authorized.

Contracts made by contracting districts, or landowners within contracting districts, for the purpose of limiting and controlling the size of land holdings entitled to receive water and providing for the disposition of lands in excess of such holdings, and of providing the manner of application of proceeds in the case of sales of district lands, in conformance with the provisions of the reclamation law, are hereby authorized and declared to be in accordance with the public policy of this state.
History:
Laws 1939, ch. 148, § 12; 1941 Comp., § 77-3112; 1953 Comp., § 75-32-12.
ANNOTATIONS
Compiler's notes.
— For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto,
see
43 U.S.C. § 371 et seq.
Adoption of reclamation statutes by reference
to the title of the federal Reclamation Act is not violative of N.M. Const., art. IV, § 18, where these reclamation statutes are not a necessary part of the act in which they are adopted.
Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist.
, 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391.
Excess acreage limitation is not confiscation of water user's land.
Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist.
, 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391 (1953).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-13 - Water applications.

Every person desiring to receive water for use upon lands in a contracting district during the course of the year shall make application at the office of the district, furnishing therewith a statement in writing of the number of acres intended by him to be irrigated and a statement as near as may be of the crops planted or intended to be planted, which application upon its acceptance by or on behalf of the board of directors shall constitute a water service contract for the year covered thereby, subject to the reclamation law, reclamation contracts and rules and regulations thereunder, to the provisions of the Conservancy Act and this act [73-18-1 to 73-18-24 NMSA 1978]; and said application and resulting contract may provide, among other things, for tolls and charges for water which may be used in excess of the amount to which the applicant may be entitled on account of assessments and such tolls and charges shall constitute a lien upon lands upon which water is so used, and the water service contract records of a contracting district shall constitute public notice of the existence of such lien.
History:
Laws 1939, ch. 148, § 13; 1941 Comp., § 77-3113; 1953 Comp., § 75-32-13.
ANNOTATIONS
Compiler's notes.
— For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto,
see
43 U.S.C. § 371 et seq.
For purposes of the Conservancy District Reclamation Contract Act, "Conservancy Act" means the Conservancy Act of New Mexico.
See
the compiler's notes to 73-18-1 NMSA 1978.
Adoption of reclamation statutes by reference
to the title of the federal Reclamation Act is not violative of N.M. Const., art. IV, § 18, where these reclamation statutes are not a necessary part of the act in which they are adopted.
Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist.
, 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391.
Crop approval.
— In the operation of a large irrigation district, those charged with delivery of water must know the demand and how often water must be available for the landowners. It may seem harsh to require approval of particular crops, but where the United States is preparing to put a lot of money into a district, it may require the planting of such crops as are likely to yield sufficient return to enable the landowner to pay his obligations, and to prevent the planting of such a noxious crop as Johnson grass.
Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist.
, 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 63.
94 C.J.S. Waters § 352.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-15 - Distribution of water supply.

All water, the right to the use of which is acquired by a district under a reclamation contract, shall be distributed and apportioned by the district in accordance with the acts of congress and rules and regulations promulgated or approved by the secretary of the interior, and the provisions of said contract in relation thereto. A contracting district may rent or lease water for use for any purpose within or without the district in pursuance of and in accordance with the provisions of said contract. The board of a contracting district may adopt rules and regulations for the distribution, apportionment and use of the district water supply, not inconsistent with those of the secretary of the interior, acts of congress or said contract and the same shall become effective when approved by the secretary of the interior.
History:
Laws 1939, ch. 148, § 15; 1941 Comp., § 77-3115; 1953 Comp., § 75-32-15.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to Reclamation Act to a perpetual right beyond the control of the federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-16 - Use of district funds to pay contract indebtedness.

There may be used to pay indebtedness to the United States created by a reclamation contract, as the same may become due, the preliminary fund, construction fund, maintenance fund, guarantee fund or conservation and development fund, or any one or more of said funds, provided for by the Conservancy Act, of any contracting district within the provisions of Section 5 (B) [73-18-5 B NMSA 1978] of this act.
History:
Laws 1939, ch. 148, § 16; 1941 Comp., § 77-3116; 1953 Comp., § 75-32-16.
ANNOTATIONS
Compiler's notes.
— For the meaning of "Conservancy Act",
see
the compiler's notes to 73-18-1 NMSA 1978.
Cross references.
— For preliminary, construction, maintenance and general funds,
see
73-16-1 NMSA 1978.
For conservation and development fund,
see
73-16-32 NMSA 1978.
For guarantee fund,
see
73-16-41 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-17 - Removal of structures; passing equipment through bridge or grade and other powers.

In pursuance of a plan or plans made by the bureau of reclamation of the department of the interior and for the accomplishment of the construction, operation or maintenance by the United States of irrigation, drainage or ancillary or incidental works beneficial to a contracting district, the rights, powers and privileges vested in the district and its officers and agents under the provisions of Section 308, Section 313, and Section 314 of Chapter 45, Session Laws of 1927 (being respectively Section 73-14-39, Section 73-14-44 and Section 73-14-45, New Mexico Statutes Annotated, 1978 Compilation), in addition and not to the exclusion of any rights, powers or privileges otherwise available to the United States, its officers, agents and employees, may be exercised by the engineer of said bureau of reclamation in charge of such works under like conditions as therein provided for the exercise of such powers by the district.
History:
Laws 1939, ch. 148, § 17; 1941 Comp., § 77-3117; 1953 Comp., § 75-32-17.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-18 - Cumulative rights and remedies.

In addition to all rights, remedies and securities under this act [73-18-1 to 73-18-24 NMSA 1978] or otherwise available to the United States for the security, enforcement and collection of contract indebtedness created by a reclamation contract, all provisions of the Conservancy Act applicable to the security, enforcement and collection of conservancy bonds, refunding bonds or other district obligations or indebtedness shall be available to afford the security, enforcement and collection of said contract indebtedness.
History:
Laws 1939, ch. 148, § 18; 1941 Comp., § 77-3118; 1953 Comp., § 75-32-18.
ANNOTATIONS
Compiler's notes.
— For the meaning of "Conservancy Act",
see
the compiler's notes to 73-18-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-19 - Change in organization or boundaries of district.

After a reclamation contract has been entered into by a contracting district, except upon the written consent thereto of the secretary of the interior, no change shall be made in the organization or boundaries of such district, either by the exclusion therefrom of district lands, by the inclusion therein of new lands, or by dissolution of the district or otherwise.
History:
Laws 1939, ch. 148, § 19; 1941 Comp., § 77-3119; 1953 Comp., § 75-32-19.
ANNOTATIONS
Interior secretary's power to classify land constitutional.
— Provision of act (Sections 73-18-1 to 73-18-24 NMSA 1978) which recognizes power of the United States secretary of interior over the classification of lands in a conservancy district does not constitute an unlawful delegation of legislative power in view of additional provision for classification by the board of directors of the district "giving due consideration" to the secretary of interior's classification and in view also of provision for judicial examination of any resolution classifying the property.
In re Arch Hurley Conservancy Dist.
, 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
No unlawful delegation of legislative powers.
— This act (Sections 73-18-1 to 73-18-24 NMSA 1978) does not constitute an unlawful delegation of legislative power to the secretary of interior because of the further provision that the action of the secretary on apportionment of assessments as between irrigable lands and others must be submitted to the conservancy court for judicial examination, confirmation and approval.
In re Arch Hurley Conservancy Dist.
, 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
Power granted to the secretary of interior under the 1939 act (Sections 73-18-1 to 73-18-24 NMSA 1978) is not unconstitutional as an unwarranted delegation of legislative power since it merely extends to him the same voice that ordinarily is extended to other money lenders or mortgagees to approve or veto any change calculated to increase or diminish size of the acreage which in part, at least, constitutes the security for the money advanced.
In re Arch Hurley Conservancy Dist.
, 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters §§ 316, 338.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-21 - Contracts validated.

Any reclamation contract heretofore entered into by any district with the United States for any of the purposes enumerated in Section two [73-18-2 NMSA 1978] hereof, together with any and all action taken by or on behalf of a contracting district in pursuance thereof, is hereby ratified, validated and confirmed and such contract is hereby declared to be and the same shall remain a valid and subsisting obligation of the contracting district and all the real property within the contracting district shall be and remain liable to be assessed in the manner in this act [73-18-1 to 73-18-24 NMSA 1978] provided, for payments to become due to the United States under such contract until fully paid.
History:
Laws 1939, ch. 148, § 21; 1941 Comp., § 77-3121; 1953 Comp., § 75-32-21.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-22 - Scope of act.

The provisions of Section 2 B [73-18-2 B NMSA 1978] and Section 3 to Section 25 [73-18-3 to 73-18-24 NMSA 1978], inclusive, of this act shall apply only to conservancy districts heretofore or hereafter organized or existing under the Conservancy Act and which heretofore or hereafter shall have entered into a contract with the United States under the reclamation law.
History:
Laws 1939, ch. 148, § 22; 1941 Comp., § 77-3122; 1953 Comp., § 75-32-22.
ANNOTATIONS
Effective dates.
— Laws 1939, ch. 148, contains no effective date provision, but was enacted at a session which adjourned on March 11, 1939.
See
N.M. Const., art. IV, § 23.
Compiler's notes.
— For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto,
see
43 U.S.C. § 371 et seq.
For the meaning of "Conservancy Act",
see
the compiler's notes to 73-18-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-23 - [Repeal.]

All acts and parts of acts inconsistent with the provisions of this act [73-18-1 to 73-18-24 NMSA 1978] are hereby repealed; but nothing herein contained shall be construed to repeal any provision of the Conservancy Act, except as the provisions thereof, in their application to a contracting district, may conflict with the provisions hereof.
History:
Laws 1939, ch. 148, § 23; 1941 Comp., § 77-3123; 1953 Comp., § 75-32-23.
ANNOTATIONS
Severability.
— Laws 1939, ch. 148, § 24, provided for the severability of the act if any part or application thereof is held invalid.
Compiler's notes.
— For the meaning of "Conservancy Act",
see
the compiler's notes to 73-18-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-24 - Designation of act.

This act [73-18-1 to 73-18-24 NMSA 1978] may be cited as "The Conservancy District-Reclamation Contract Act".
History:
Laws 1939, ch. 148, § 25; 1941 Comp., § 77-3124; 1953 Comp., § 75-32-24.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-25 - Conservancy districts to which act applies.

Sections 73-18-25 through 73-18-43 NMSA 1978 apply to conservancy districts organized under the laws of New Mexico having a contract with the United States under the reclamation laws of the United States, as provided under Chapter 73, Article 18 NMSA 1978, and having an area of land of all classes within the exterior boundaries of the district of more than one hundred thousand acres and less than one hundred forty-five thousand acres.
History:
1953 Comp., § 75-32-25, enacted by Laws 1955, ch. 281, § 1; 1993, ch. 285, § 1; 2011, ch. 72, § 1.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, increased the maximum acreage of land in conservancy districts that are subject to Sections 73-18-25 through 73-18-43 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, substituted "Sections 73-18-25 through 73-18-43 NMSA 1978" for "This Act shall" at the beginning and "one hundred thousand acres and less than one hundred forty thousand" for "100,000 acres and less than 125,000" near the end, and made stylistic changes.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-26 - Division of district into election precincts.

In all counties in this state in which there exists a conservancy district within the classification as provided in Section 73-18-25 NMSA 1978, or a major portion by area of such a conservancy district, the board of county commissioners of the county shall, on the first Monday in August 1955, by resolution to be made a part of the minutes of the board of county commissioners, divide the conservancy district into election precincts. If there is a municipality within the district, the municipality shall constitute one election precinct, and the conservancy district shall be divided into three election precincts, each of which election precincts shall have approximately equal acreage of irrigable land. Immediately after the action by the board of county commissioners, the clerk of the board of county commissioners shall transmit to the clerk of the conservancy district within the county, or the major portion of which is within that county, a certified copy of the resolution dividing the conservancy district into election precincts. The board of county commissioners shall redivide the district in the same manner in each sixth year after 1955. Immediately after the resolution is adopted, the clerk of the board of county commissioners shall file a certified copy of the resolution of the board of county commissioners in the office of the county clerk of the county.
History:
1953 Comp., § 75-32-26, enacted by Laws 1955, ch. 281, § 2; 1993, ch. 285, § 2.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "as provided in Section 73-18-25 NMSA 1978" for "mentioned in Section 1 in this Act" in the first sentence, and "the conservancy district" for "the area of such conservancy district outside of said municipality or municipalities" and "three" for "four" in the second sentence; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-27 - Elections.

In each odd-numbered year after 1955, elections shall be called and conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978] for the election of directors to succeed any directors whose terms expire in that year.
History:
1953 Comp., § 75-32-27, enacted by Laws 1955, ch. 281, § 3; 2011, ch. 72, § 2; 2018, ch. 79, § 153.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, provided that conservancy district elections shall be called and conducted pursuant to the Local Election Act; in the section heading, changed "Calling of first election" to "Elections"; and deleted the first five sentences, which related to certain election procedures, and after "In each odd-numbered year after 1955, elections shall be called", deleted "in the same manner and at the same times as provided in Sections 73-18-25 through 73-18-43 NMSA 1978" and added "and conducted pursuant to the Local Election Act".
The 2011 amendment,
effective June 17, 2011, eliminated the provision that permitted wives of electors to act as judges; authorized the board of directors to determine the compensation of judges; and required that elections in odd-numbered years be called as provided in Sections 73-18-25 through 73-18-43 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-28 - Director-at-large and municipal director; qualified elector list.

A. The director to represent the municipality and the director-at-large for the period from October 1955 to October 1957 shall be selected at the September 1955 meeting by the board of directors of the conservancy district as it exists prior to the election. The members shall be elected from the membership of the previously existing board if there are qualified members of the board willing to serve for the additional two years. If there are no members of the existing board willing to serve for the additional period of two years or if there is only one, the existing board may select one or both of the directors from qualified electors of the district for the position or positions.
B. In the election to be held in October 1957, a director to represent the municipal voting precinct shall be elected from the qualified electors of the municipality, and a director-at-large shall be elected from the qualified electors of the district.
C. Every resident, otherwise qualified, owning real estate of any character within the district shall have one vote for director-at-large. Each elector resident of the municipal voting precinct shall have one vote for municipal director. The right of a voter to vote for municipal director shall not be affected by the elector voting in any other election precinct in which the elector may own class "A" land.
D. The conservancy district shall compile and deliver a qualified elector list to the appropriate county clerk no later than one hundred eighty days before an election, and update the list every thirty days until ninety days before the election, which list the county clerk shall use for that election.
History:
1953 Comp., § 75-32-28, enacted by Laws 1955, ch. 281, § 4; 2018, ch. 79, § 154.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, required that the conservancy district compile and deliver a qualified elector list to the county clerk for use in conservancy district elections; in the section heading, added "qualified elector list"; added subsection designations "A." through "C."; and added Subsection D.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-29 - Conservancy district board; how constituted.

After the election herein provided, boards of directors of such districts shall consist of five directors, one representing each election precinct of such district, and one director-at-large. All of such directors shall have equal powers and responsibilities. In case of vacancy through death, resignation, removal from the district or failure of any elected director to qualify, the remaining members of the board shall, by majority vote, fill such vacancy. The person selected to fill such vacancy shall hold such position until the next election of directors in such district. At the next election of directors of such district, following a vacancy, a director shall be elected to fill such vacancy.
History:
1953 Comp., § 75-32-29, enacted by Laws 1955, ch. 281, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 61.
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-30 - Qualifications of electors.

The board of directors of the conservancy district shall, by resolution, adopt a plan with necessary rules and regulations by which nonresident owners of land or other owners of land may vote for directors by absentee ballot.
History:
1953 Comp., § 75-32-30, enacted by Laws 1955, ch. 281, § 6; 1993, ch. 285, § 3; 2011, ch. 72, § 3.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, eliminated the requirement that the secretary send landowners a statement of the irrigable land owned by the landowner in the each voting precinct and a statement of the land in each election precinct, and authorized absentee voting for directors.
The 1993 amendment,
effective July 1, 1993, designated the former first and second paragraphs as Subsections A and B and deleted the former third paragraph, which required electors to sign a statement showing his or her qualifications; in Subsection A, deleted the former next-to-last sentence, which read: "Such statements shall be delivered to the judges of election of the proper election precinct when the elector casts his ballot", and substituted "on the Friday" for "of the Saturday" in the last sentence; and made various stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-31 - Ownership.

Any person who has exclusive possession and control of irrigable land under a purchase contract, which purchase contract has been approved by the district, and in connection with which any incremented value to be paid to the United States has been paid in full, shall be considered the owner of such land for the purpose of qualifying such purchaser to vote in voting districts outside of the municipality, and the vendor of the land covered by such contract shall not be entitled to vote as the owner of such land. This section shall not apply to lessees whose lease contains an option to purchase, unless and until such option to purchase shall have been exercised.
History:
1953 Comp., § 75-32-31, enacted by Laws 1955, ch. 281, § 7.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-32 - Voting rights.

A. In district precinct elections, landowners owning one acre of irrigable land five months preceding the election shall be entitled to one vote for each acre of irrigable land or major fraction of an acre owned by the landowner up to one hundred sixty acres. Landowners owning less than one acre of irrigable land have no vote. A landowner may vote in all voting precincts in which the landowner has irrigable land, entitling the landowner to vote as provided in Sections 73-18-30 and 73-18-31 NMSA 1978.
B. For director-at-large, all persons who are over the age of eighteen and who have been the owners of real estate within the district for more than two months preceding the election shall be entitled to one vote.
C. All persons who are over the age of eighteen and who have been the owners of real estate within any municipality within the district for more than two months preceding the election shall be entitled to one vote for director representing the municipal election precinct.
D. To qualify voters to vote for directors-at-large and for director representing the municipal voting precinct, the ownership of real estate by the spouse shall be considered also ownership by the other spouse.
History:
1953 Comp., § 75-32-32, enacted by Laws 1955, ch. 281, § 8; 1993, ch. 285, § 4; 2011, ch. 72, § 4.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, granted landowners who have owned one acre of irrigable land for five months preceding the election one vote in district precinct elections for each acre or major fraction of an acre that they own; granted landowners who have owned land in the district for more than two months preceding the election one vote for director-at-large; and granted landowners in a municipality within the district who have owned land in the district for more than two months preceding the election one vote for the director representing the municipal election precinct.
The 1993 amendment,
effective July 1, 1993, rewrote this section, designating the formerly undesignated paragraphs as Subsections A through D.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-33 - Qualifications of directors.

The director-at-large shall be the owner of class "A" land within the district and shall be a resident of the district. The director for the municipal election precinct shall be a resident and shall be the owner of real estate within the district boundaries of the municipality. A director representing a district election precinct outside the municipality shall be a resident of the district and the owner of irrigable land within the voting precinct for which the director is a director.
History:
1953 Comp., § 75-32-33, enacted by Laws 1955, ch. 281, § 9; 1993, ch. 285, § 5; 2018, ch. 79, § 155.
ANNOTATIONS
Cross references.
— For classification of real property,
see
73-18-6 NMSA 1978.
The 2018 amendment,
effective July 1, 2022, made a minor technical change.
The 1993 amendment,
effective July 1, 1993, deleted "of the municipality" following "resident" and substituted "within the district boundaries of the municipality" for "therein" in the second sentence, and substituted "district election precinct outside" for "voting precinct outside of" and "shall" for "must" in the last sentence.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-34 - Becoming a candidate for director.

Any person wishing to become a candidate for the office of director in any district shall file a declaration of candidacy pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978], stating the election precinct for which the person is a candidate, accompanied by a petition signed by not less than ten qualified electors of the election precinct for which the person is a candidate to represent. No declaration of candidacy shall be accepted unless accompanied by such petition, signed by electors.
History:
1953 Comp., § 75-32-34, enacted by Laws 1955, ch. 281, § 10; 2011, ch. 72, § 5; 2018, ch. 79, § 156.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, required any person who desires to become a candidate for the office of director in any conservancy district to file a written declaration of candidacy pursuant to the provisions of the Local Election Act; and after "in any district shall", deleted "by the last Friday of July before the election", after "file", deleted "in the office of the secretary of the district", and after "declaration of candidacy", added "pursuant to the provisions of the Local Election Act".
The 2011 amendment,
effective June 17, 2011, required candidates to file a declaration of candidacy by the last Friday of July and eliminated the procedure for accepting declarations of candidacy when no person has filed a declaration by the filing deadline.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-35 - Term of office for director.

The regular term of office for a director is four years, and the director shall serve until a successor has been chosen and has qualified. A director shall qualify by taking an oath of office. Newly elected directors shall take office on the date that their terms of office begin following the election of the director.
History:
1953 Comp., § 75-32-35, enacted by Laws 1955, ch. 281, § 11; 2018, ch. 79, § 157.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, revised the language related to the beginning dates of the term of office of director; and after "four years, and", added "the director shall serve", and after "shall take office", deleted "at the next regular meeting of the board of directors" and added "on the date that their terms of office begin".
Temporary provisions.
— Laws 2018, ch. 79, § 173 provided:
A. The term of a conservancy district or watershed district board member that was set to expire on or before June 30, 2024 pursuant to the governing statutes of that district in effect before July 1, 2022 shall expire on December 31, 2023, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2023 for a term beginning on January 1, 2024.
B. The term of a conservancy district or watershed district board member that was set to expire on or after July 1, 2024 but on or before June 30, 2026 pursuant to the governing statutes of that district in effect before July 1, 2022 shall expire on December 31, 2025, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2025 for a term beginning on January 1, 2026.
C. The term of a conservancy district or watershed district board member that was set to expire on or after July 1, 2026 pursuant to the governing statutes of that district in effect before July 1, 2022 shall expire on December 31, 2027, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2027 for a term beginning on January 1, 2028.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-36 - Compensation of directors.

Each director shall receive compensation payable out of the funds of the district in an amount to be determined by the board of directors of the district; provided that no director may receive an increase in compensation during the term for which that director was elected.
History:
1953 Comp., § 75-32-36, enacted by Laws 1955, ch. 281, § 12; 2011, ch. 72, § 6.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, authorized the board of directors to determine the compensation of directors and prohibited directors from increasing their compensation during their term of office.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-37 - Repealed.

History:
1953 Comp., § 75-32-37, enacted by Laws 1955, ch. 281, § 13; 1978 Comp., § 73-18-37, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-18-37 NMSA 1978, as enacted by Laws 1955, ch. 281, § 13, relating to notice of election, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-38 - Repealed.

History:
1953 Comp., § 75-32-38, enacted by Laws 1955, ch. 281, § 14; 1978 Comp., § 73-18-38, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-18-38 NMSA 1978, as enacted by Laws 1955, ch. 281, § 14, relating to forms and regulations, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-39 - Repealed.

History:
1953 Comp., § 75-32-39, enacted by Laws 1955, ch. 281, § 15; 1978 Comp., § 73-18-39, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-18-39 NMSA 1978, as enacted by Laws 1955, ch. 281, § 15, relating to secretary and district board to put into effect canvass of election returns, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-40 - Repealed.

History:
1953 Comp., § 75-32-40, enacted by Laws 1955, ch. 281, § 16; 1978 Comp., § 73-18-40, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-18-40 NMSA 1978, as enacted by Laws 1955, ch. 281, § 16, relating to abolishment of appointed board, creation of elective board, powers and duties, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-41 - Application of Local Election Act.

In any election held under Sections 73-18-25 through 73-18-43 NMSA 1978, the Local Election Act [Chapter 1, Article 22 NMSA 1978] shall be applicable except as to the requirement for registration and residence in state, county or precinct as a qualification of an elector in offering to vote.
History:
1953 Comp., § 75-32-41, enacted by Laws 1955, ch. 281, § 17; 2018, ch. 79, § 158.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, provided that the Local Election Act is applicable to any election held under Sections 73-18-25 through 73-18-43 NMSA 1978, with certain exceptions; in the section heading, deleted "general election laws" and added "Local Election Act"; and after "held under", deleted "this act" and added "Sections 73-18-25 through 73-18-43 NMSA 1978", and after the next occurrence of "the", deleted "general election laws" and added "Local Election Act".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-42 - File of county clerk.

The county clerk of the county shall keep a file in which shall be kept all papers received by said county clerk, in connection with such conservancy district, under the provisions of this act [73-18-25 to 73-18-43 NMSA 1978]. Such county clerk shall keep a record or index of all such instruments received for filing as the same are filed.
History:
1953 Comp., § 75-32-42, enacted by Laws 1955, ch. 281, § 18.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-43 - Penalties.

The negligent failure of the secretary or of any member of the board of directors shall be punished by a fine of not to exceed $50.00. The willful violation of this act [73-18-25 to 73-18-43 NMSA 1978] by omission or commission by the secretary or any director of said district or the willful making of a false statement by any person in connection with any election covered by this act, shall be punished by a fine not exceeding $300. Proceedings against any such official may be instituted in any justice of the peace court [magistrate court], sitting within the district or in the district court of the county within [wherein] such district has its office.
History:
1953 Comp., § 75-32-43, enacted by Laws 1955, ch. 281, § 19.
ANNOTATIONS
Effective dates.
— Laws 1955, ch. 281, containED no effective date provision, but was enacted at a session which adjourned on March 12, 1955.
See
N.M. Const., art. IV, § 23.
Severability.
— Laws 1955, ch. 281, § 20, provides for the severability of the act if any part or application thereof is held invalid.
Jurisdiction, etc., of justices of the peace transferred.
— The office of justice of the peace has been abolished, and the jurisdiction, powers and duties have been transferred to the magistrate court.
See
35-1-38 NMSA 1978.