reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-35 - [Bids by district at tax sale; district to pay cash.]

The district may appear as a bidder at the sale of any lands for delinquent district or other taxes, and may purchase and take title to said lands and dispose of them like any other purchaser. To protect its assessments the district, at a tax sale where there is no other bid for the full amount of the delinquencies, including interest and penalties, may bid and buy in the land; provided, the district shall never bid or pay a greater sum than the total of all taxes against the land, with interest and penalties; and, provided, further, when purchasing any land at any tax sale the district shall pay cash for all taxes, interest and penalties, including the district taxes, like other purchasers, and such expenditures shall be deemed operating expenses of the district, and may be assessed as maintenance charges.
History:
Laws 1921, ch. 39, § 14; C.S. 1929, § 73-168; 1941 Comp., § 77-2335; 1953 Comp., § 75-24-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For operation expenses,
see
73-11-29 NMSA 1978.
For tax sales by district,
see
73-11-42 NMSA 1978.
For definition of "district,"
see
73-11-54 NMSA 1978.
For district purchases at tax sale,
see
73-13-19 to 73-13-23 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 72.
94 C.J.S. Waters § 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-36 - [General tax laws applicable.]

The revenue laws of this state for the assessment, levying and collection of taxes on real estate for county purposes except as herein modified, shall be applicable for the purposes of this act, including the enforcement of penalties and forfeiture for delinquent taxes.
History:
Laws 1919, ch. 20, § 25; C.S. 1929, § 73-126; 1941 Comp., § 77-2336; 1953 Comp., § 75-24-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-11-1NMSA 1978.
Cross references.
— For districts which collect their own taxes,
see
73-13-24 to 73-13-37 NMSA 1978.
For real estate taxation,
see
7-35-1 to 7-35-10, 7-36-1 to 7-36-33, 7-37-1 to 7-37-8, 7-38-1 to 7-38-93 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-37 - [Date for payment of taxes.]

That the taxes, levies and assessments of any irrigation district, cooperating with the United States under the federal reclamation law, and other federal laws, shall be due and payable as follows: first half December 1st of each year and the second half on June 1st of each year.
History:
Laws 1931, ch. 91, § 1; 1941 Comp., § 77-2337; 1953 Comp., § 75-24-37.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— There is a conflict between this section and 73-13-33 NMSA 1978, which set January 1 and July 1 as due dates for taxes of irrigation districts cooperating with the United States under federal reclamation laws, which districts collect their own taxes under 73-13-24 to 73-13-37 NMSA 1978.
Cross references.
— For federal reclamation laws,
see
43 U.S.C. § 371 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-38 - [Delinquent taxes; interest.]

On January 1st of each year if the taxes, levies and assessments made the previous year shall not have been paid, one-half thereof shall become delinquent and on July 1st following if not paid, the remaining one-half of said taxes, assessments and levies shall become delinquent and such taxes, assessments and levies from the respective dates of delinquency shall bear interest at the rate of one percent per month until paid.
History:
Laws 1931, ch. 91, § 2; 1941 Comp., § 77-2338; 1953 Comp., § 75-24-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— This section conflicts with 73-13-33 NMSA 1978 as to delinquent dates and interest rates. The latter provided February 1 and August 1 as delinquent dates, after which interest of one-half percent per month is charged.
See also
73-11-39 NMSA 1978, which conflicts with this section as to interest rates chargeable to delinquent assessments by providing for rate of one-half percent per month.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 72.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-39 - [Delinquent assessments; interest.]

That on assessments made in irrigation districts, organized to cooperate with the United States government under the federal reclamation laws and other federal laws, after any such assessment shall become delinquent, the same shall bear interest at the rate of one-half (1/2%) percent per month until paid.
History:
Laws 1937, ch. 76, § 1; 1953 Comp., § 75-24-38.1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For federal reclamation laws,
see
43 U.S.C. § 371 et seq.
For conflict with 73-11-38 NMSA 1978,
see
compiler's notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 72.
94 C.J.S. Waters § 334.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-40 - [Delinquent tax list in district with assessor-collector; publication.]

That within six months after first day of July of each year it shall be the duty of the assessor-collector of such irrigation district to prepare and be caused to be published in a newspaper of general circulation in the county or counties where any such irrigation district is located, a list containing the names of owners of all property upon which taxes, assessments and levies of the district have become delinquent, together with the description and the amount of taxes, assessments, levies, penalties and costs due, opposite each name, and in the event taxes, levies and assessments of the district are due and unpaid for any preceding year or years on any piece of property described in said publication, shall include in said publication all the unpaid taxes, levies and assessments due against any piece of property described therein setting forth the years for which the same are due, together with the amount of tax, assessment and levy and the interest, penalties and costs for each year.
That the assessor-collector must append and publish with the delinquent tax list a notice that he will, on a certain day to be specified in said notice, occurring not less than 30 days after the last publication of said notice, offer for sale and sell at public auction, at the front door of the courthouse of the county in which the land therein described shall be located, the real estate described in said notice for the amount of taxes, assessments, levies, penalties, interest and costs thereon. The said delinquent tax list and notice shall be published not less than once each week for the period of four consecutive weeks. The whole of the advertisement shall be contained in each edition of such newspaper and supplement, if such supplement be necessary, provided that the assessor-collector may subsequently advertise in the same manner for the sale of any lands or real estate that may have been omitted, or erroneously advertised or described, in the first advertisements.'
History:
Laws 1931, ch. 91, § 3; 1941 Comp., § 77-2339; 1953 Comp., § 75-24-39.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— An irrigation district is authorized by 73-13-24 NMSA 1978 to collect its own taxes; an assessor-collector is to be appointed to perform this function, 73-13-28 NMSA 1978. "Assessor-collector" is defined by 73-13-25 NMSA 1978 as the assessor-collector of a district that collects its own taxes. Thus, it appears that 73-11-40 to 73-11-47 NMSA 1978, written in terms of the assessor-collector, apply only to those districts collecting their own taxes under 73-13-24 to 73-13-37 NMSA 1978.
Cross references.
— As to districts collecting their own taxes,
see
73-13-24 to 73-13-37 NMSA 1978.
For notice by publication,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-41 - [Failure of assessor-collector to publish delinquency list in time; later publication.]

If by the neglect of the officer, or for any other good cause, real estate cannot be duly advertised and offered for sale within the time prescribed in this act [73-11-37, 73-11-38, 73-11-40 to 73-11-47 NMSA 1978], such advertisement may be made or had at any other time and the officer so advertising may set out in the advertisement the reasons for such delay.
History:
Laws 1931, ch. 91, § 4; 1941 Comp., § 77-2340; 1953 Comp., § 75-24-40.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For application of this section,
see
compiler's note to 73-11-40 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-42 - [Delinquent tax sale by assessor-collector; disposition of surplus; sales to district.]

The assessor-collector, in person, or by deputy, shall attend at the courthouse in the county on the day specified in the notice of sale of property hereunder, and shall, between the hours of 10 o'clock in the forenoon and four o'clock in the afternoon, offer for sale, separately and in consecutive order, each parcel of property included in the list attached to the order of sale, or so much thereof as may be necessary to realize the amounts due. The same shall be continued from day to day until all the property described in the notice of sale, shall be sold, or until the amounts due shall be paid or realized. In case any property ordered to be sold be in too large tract or tracts to be conveniently sold, then the assessor-collector shall offer the smallest tract in acres for which any one shall bid the amount of tax and penalty, such tract to be as nearly as may be square body beginning at the northeast corner of the whole tract. In case the property sold shall realize more than enough to pay the amount due, the surplus shall be paid over by such assessor-collector, to the owner of such property. Each lot or parcel of property offered for sale shall be struck off to the best bidder for cash; but if there should be no purchaser in good faith, bidding upon the same, the whole amount of the property assessed shall be struck off to the district as the purchaser and the duplicate certificate delivered to the treasurer of the district and filed by him in his office after having the same recorded in the office of the county clerk of said county, and the assessor-collector shall make an entry "sold to the district" on the tax roll opposite the tax and shall be credited with the amount thereon in his settlement.
History:
Laws 1931, ch. 91, § 5; 1941 Comp., § 77-2341; 1953 Comp., § 75-24-41.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For application of this section,
see
compiler's note to 73-11-40 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-44 - [Tax deed issued by assessor-collector; form; effect.]

At any time after the expiration of the term of three years from the date of the tax sale certificate where the property has not been redeemed on demand of the holder of the tax sale certificate, presentation thereof to the assessor-collector, payment of the fee of one dollar [($1.00)], the assessor-collector shall execute and deliver to said person a tax deed for said property, said deed shall vest in the grantee, his heirs, successors and assigns, a perfect and complete title, in fee simple, to said premises, free and clear of all liens and encumbrances, except taxes, levies and assessments of the district levied thereon prior, or subsequent to the year for which the same was sold, and county, state and municipal taxes, which deed shall be substantially in the following form:
TAX DEED
No. ________
State of New Mexico
County of _____________
_____________ district of the State of New Mexico, does hereby grant, bargain, sell and convey unto _____________, his heirs and assigns (and successors) forever, the following described property, situate in the County of _____________, State of New Mexico, to wit: (description of property).
TO HAVE AND TO HOLD said property and its appurtenances unto the grantee, his heirs, executors, administrators, successors and assigns forever.
Dated this _______ day of _______ 19___
_________________________________
Assessor-Collector of the
_____________________ Irrigation
District of New Mexico.
An assessor-collector may include more than one parcel of land in a deed executed and delivered to any person or persons holding more than one certificate of sale, and the assessor-collector shall be entitled to a fee of one dollar [($1.00)] to be paid by the grantee, and any tax deed so issued shall estop all parties from raising any objection thereto, except that the taxes, levies and assessments have been paid or that the real estate was not liable to such tax, levy and assessments.
History:
Laws 1931, ch. 91, § 7; 1941 Comp., § 77-2343; 1953 Comp., § 75-24-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For grounds to attack tax sale,
see
73-11-34 NMSA 1978.
For the application of this section,
see
compiler's note to 73-11-40 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-45 - [Sale of tax sale certificate held by district; duty of assessor-collector.]

In case any property shall be bid in by the district as provided in Section 5 [73-11-42 NMSA 1978], the duplicate certificate of sale shall be sold by the assessor-collector to any person who shall pay the face value thereof with accrued interest; and if the same cannot be sold at private sale within one year from the date of such certificate, the said certificate shall be sold at public auction to the highest bidder for cash by the assessor-collector, or his successor in office at the time of making sales of property for delinquent taxes, assessments and levies for the succeeding year.
History:
Laws 1931, ch. 91, § 8; 1941 Comp., § 77-2344; 1953 Comp., § 75-24-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For application of this section,
see
compiler's note under 73-11-40 NMSA 1978.
For purchase of tax certificate by district,
see
73-13-19 to 73-13-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-46 - [Assessment in name of purchaser; assignment of certificate.]

All real estate so sold shall be assessed for the succeeding year in the name of the purchaser, or his assign, if the name of such assignee be known; and it shall be the duty of every such purchaser upon making an assignment of said certificate to cause the same to be noted upon the page of the book in which such certificate is recorded in the office of the county clerk.
History:
Laws 1931, ch. 91, § 9; 1941 Comp., § 77-2345; 1953 Comp., § 75-24-45.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For application of this section,
see
compiler's note to 73-11-40 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-47 - [Property of unknown owners; tax sales by district.]

Whenever any property is listed on the assessment roll of the district, if the property of unknown owners, the same proceedings shall be had as provided for in this act [73-11-37, 73-11-38, 73-11-40 to 73-11-47 NMSA 1978] against the property of known owners.
History:
Laws 1931, ch. 91, § 10; 1941 Comp., § 77-2346; 1953 Comp., § 75-24-46.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For application of this section,
see
compiler's note to 73-11-40 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-49 - [Payment of claims; warrants; register of warrants.]

No claim, except as otherwise provided in Section 24 [73-11-33 NMSA 1978], of said Chapter 20, shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall state the date authorized by the board and for what purpose; provided, however, warrants to pay current expenses, salaries, labor and material accounts may be drawn by an officer and an employe, designated by standing order of the directors, when such accounts have been contracted and ordered paid by the directors. Provided, also, no warrant shall be issued or obligation incurred unless the district treasurer has sufficient funds on hand to pay such warrant when it is presented for payment. The district treasurer shall keep a register in which he shall enter each warrant presented for payment, showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and all warrants shall be paid in the order of their presentation for payment to the district treasurer.
History:
Laws 1919, ch. 20, § 27; 1921, ch. 39, § 5; C.S. 1929, § 73-128; 1941 Comp., § 77-2348; 1953 Comp., § 75-24-48.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For definitions of "district" and "board,"
see
73-11-54 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-50 - Financial statement of directors.

A. The board of directors of any such irrigation district, at the first regular meeting of each year, shall render, and immediately thereafter cause to be published a verified statement of the financial condition of the district for the preceding year, together with a statement of expenditures by the United States under any contract the district has entered into with the United States, or other construction contracts, such statement or statements to show status of administration expenses, operation and maintenance costs and construction costs, in a manner reasonably clear to the general public. Said publications shall be made at least once each week for two weeks in some newspaper published in the county where the office of the district is located, or the said statements may be issued in pamphlet or leaflet form and mailed to the last known address of each qualified elector.
B. The board of directors of any irrigation district organized for the purpose of cooperation with the United States under the federal reclamation law, so long as such district is in continued cooperation with the United States in accordance with the purpose for which it was organized, may satisfy the publication requirements of this subsection in lieu of the requirements imposed by Subsection A of this section in the following manner:
(1) by maintaining on file in the office of the district the same financial information as required to be published by other irrigation districts; and,
(2) making such finincial [financial] information available for inspection by any qualified elector of the district; and
(3) providing any qualified elector of the district a copy of such financial information upon request.
History:
Laws 1921, ch. 39, § 8; C.S. 1929, § 73-162; 1941 Comp., § 77-2349; 1953 Comp., § 75-24-49; Laws 1959, ch. 250, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For definitions of "irrigation district" and "board of directors,"
see
73-11-54 NMSA 1978.
For notice by publication,
see
14-11-1 NMSA 1978.
For federal reclamation laws,
see
43 U.S.C. § 371 et seq.
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 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-51 - [Violation of duty; liability on bond; removal from office.]

For any wilful violation of any express duty herein provided for on the part of any officer named in this act, or in Chapter 20, Session Laws of 1919, he shall be liable upon his official bond and be subject to removal from office by proceedings brought in the district court of the county wherein the office of the board of directors of the district is located by any assessment payer of the district.
History:
Laws 1921, ch. 39, § 12; C.S. 1929, § 73-166; 1941 Comp., § 77-2350; 1953 Comp., § 75-24-50.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this act" and "this chapter",
see
the compiler's notes to 73-11-16 and 73-11-54 NMSA 1978, respectively.
Cross references.
— For definitions of "district" and "board of directors,"
see
73-11-54 NMSA 1978.
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 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-52 - ["District" defined; law of 1919.]

Wherever the word district is used in this act it shall be held to mean and include only the lands described in the official order establishing said district and the official plat thereof on record in the office of the county clerk, as hereinbefore provided in this act, and such lands as may be included in any district in accordance with the provisions of Sections 34 to 43 [73-10-26 to 73-10-35 NMSA 1978] inclusive.
History:
Laws 1919, ch. 20, § 58; C.S. 1929, § 73-159; 1941 Comp., § 77-2351; 1953 Comp., § 75-24-51.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-11-1 NMSA 1978.
Cross references.
— For the establishment of the district,
see
73-10-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-53 - [Construction of law of 1919.]

This act shall be construed as applying only to districts organized for the purpose of cooperation with the United States under the federal reclamation law or other federal laws as defined in Section one [1] [73-10-1 NMSA 1978] hereof and nothing herein contained shall be so construed as to affect or interfere with the organization, operation or maintenance of any irrigation district organized or to be organized under any other laws of this state. Nor shall this act be so construed as to affect the validity of any district heretofore organized under the laws of this state for the purpose of cooperation with the United States under the federal reclamation law or other federal laws, or its right in or to property or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby made subject to the provisions of this act so far as applicable; nor shall this act be construed to affect, impair or discharge any contract, obligation, lien or charge, for, or upon which such district was or might become liable or chargeable had not this act been passed; nor shall it affect the validity of any bonds which have been issued and sold, or issued but not sold; nor shall it affect any action which may now be pending.
Provided, that any irrigation district heretofore organized, or hereafter to be organized under the provisions of any other laws of this state which may desire to cooperate with the United States under the federal reclamation law or other federal laws, may enter into a contract with the United States providing for such cooperation with the United States, and after such contract shall have been approved by a majority of the qualified electors of said district at an election held as provided under this act, such irrigation district shall thereafter become subject to the provisions of this act.
History:
Laws 1919, ch. 20, § 59; C.S. 1929, § 73-160; 1941 Comp., § 77-2352; 1953 Comp., § 75-24-52.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-11-1 NMSA 1978.
Cross references.
— For federal reclamation laws,
see
43 U.S.C. § 371 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 97.
94 C.J.S. Waters § 316.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-54 - [Definitions and construction; law of 1921.]

Whenever the term "irrigation district" or the word "district" shall appear in this act, it shall mean irrigation district organized under and by virtue of Chapter 20, Session Laws of New Mexico, 1919, or acts supplemental thereto or amendatory thereof; and the words "this act" appearing in the foregoing amendatory sections, may be construed as applying also to said Chapter 20, and the words "board of directors" or the word "directors" anywhere in this act shall mean the board of directors of such an irrigation district; and the following sections herein except the last are to be construed as applying only to irrigation districts so organized.
History:
Laws 1921, ch. 39, § 7; C.S. 1929, § 73-161; 1941 Comp., § 77-2353; 1953 Comp., § 75-24-53.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the "foregoing amendatory sections,"
see
73-10-6, 73-10-16, 73-11-27, 73-11-29, 73-11-31, 73-11-49 NMSA 1978.
For the "following sections,"
see
73-10-23, 73-10-45, 73-11-3, 73-11-5, 73-11-13 to 73-11-17, 73-11-19 to 73-11-26, 73-11-30, 73-11-34, 73-11-35, 73-11-50, 73-11-51 NMSA 1978.
The "last" section, referred to herein, is a general repeal section.
See
Laws 1921, ch. 39, § 31.
For the meaning of "this chapter",
see
compiler's note to 73-11-16 NMSA 1978, and for the meaning of "this act",
see
compiler's note to 73-11-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 107.
94 C.J.S. Waters § 336.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 11 - Irrigation Districts Cooperating with United States Under Reclamation Laws; Fiscal Affairs; Local Improvements and Special Powers › Section 73-11-55 - [Unpaid per-acre construction charges to remain as lien.]

That whenever any irrigation district in this state, organized for the purpose of cooperating with the United States under the federal reclamation laws and acts amendatory thereof and supplemental thereto, shall have paid in full all construction charges due from such district to the United States, under the construction contract, and there shall remain any lands in the district upon which the per-acre charge for construction under the contract between the United States and the district have not been paid in full, such charges shall continue as a lien against such lands until paid in full. The district is hereby authorized to continue to assess such lands for such unpaid construction charges for a period not to exceed twenty years following the date of final payment of the construction liability of the district to the United States, and to collect the same until they have been paid in full; and the board of directors of said district shall be authorized to set the period of repayment within the twenty-year period specified above. The monies derived from such assessments shall be used by the district for operation, maintenance and betterment of the district's works.
History:
1941 Comp., § 77-2516a, enacted by Laws 1951, ch. 26, § 1; 1953 Comp., § 75-24-54.
ANNOTATIONS
Effective dates.
— Laws 1951, ch. 26, contained no effective date provision, but was enacted at a session which adjourned on March 10, 1951.
See
N.M. Const., art. IV, § 23.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For federal reclamation laws,
see
43 U.S.C. § 371 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-1 - Majority of the resident freeholders may propose district.

Whenever a majority of the resident freeholders, owning more than one-half of the lands or the evidence of title to said lands in any arid or semiarid district in the state of New Mexico, desire to provide for the irrigation of the same by pumping water for such irrigation, they may propose the organization of an irrigation district under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] and when so organized such district shall have the powers conferred or that may hereafter be conferred by law upon such irrigation district.
History:
Laws 1929, ch. 76, § 1; C.S. 1929, § 73-701; 1941 Comp., § 77-2401; 1953 Comp., § 75-25-1.
ANNOTATIONS
Effective dates.
— Laws 1929, ch. 76, contained no effective date provision, but was enacted at a session which adjourned on March 9, 1929.
See
N.M. Const., art. IV, § 23.
Cross references.
— For definitions,
see
73-13-43 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-3 - Notice of hearing on petition to be published.

When such petition is presented, it shall be the duty of the board of county commissioners with which such petition is filed, at the next regular or special meeting thereafter or at a special meeting called earlier for the purpose to fix a date for the hearing on said petition, naming in the minutes of such board the day and date thereof, the place of hearing which shall be at the office of said board, and cause the county clerk of said county to publish a notice of such hearing in English for at least two weeks before the time to which the same is to be held in some newspaper of general circulation published in the county where such hearing is to be held, which notice shall contain a copy of said petition and shall state the time and place of such hearing and shall notify all persons affected or interested by or in the organization of such proposed district to appear at such time and place and present to said board any objection, exception or protest to the organization of such proposed district. The last publication of such notice shall be made not less than five days prior to the time fixed by said notice for presenting said petition.
History:
Laws 1929, ch. 76, § 3; C.S. 1929, § 73-703; 1941 Comp., § 77-2403; 1953 Comp., § 75-25-3.
ANNOTATIONS
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-6 - Canvass of votes, by board of county commissioners.

The said board of county commissioners shall meet on the second Monday next after such election and canvass the votes cast thereat; and if it appears upon such canvass that at least two-thirds of the qualified electors voting at said election have voted "Electrical Irrigation District . . . . . . . . . . Yes," the said board shall, by order duly entered upon the records, declare such territory duly organized as an irrigation district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for director to be duly elected to such office. Said board shall cause a copy of such order, including a plat of said district, duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands are situated, and no board of county commissioners of any county including any portion of such district shall, after the date of organization of such district, allow another district to be formed including any of the lands of such district, without the consent of the board of directors thereof; and from and after the date of such filing the organization of such district shall be complete and the officers thereof shall immediately enter upon the duties of their respective office [offices] qualifying in accordance with law, and shall hold such offices, respectively, until their successors are elected and qualified. The boundaries of said divisions and the voting precincts and polling places in any such district may, after such first election, be changed by order of the board of directors of the district; provided that the polling places shall be designated in the notice published for every election in the district.
History:
Laws 1929, ch. 76, § 6; C.S. 1929, § 73-706; 1941 Comp., § 77-2406; 1953 Comp., § 75-25-6.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-7 - Regular elections of district; oath of office and bond of directors.

The regular election of said district shall be held on the first Tuesday after the first Monday in December in each second calendar year thereafter, at which said officers shall be elected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto. Within ten days after receiving their certificates of election, hereinafter provided for, said officers shall take and subscribe the official oath and file the same in the office of the county clerk of the county where the organization was effected, and thereupon immediately assume the duties of their respective offices. Each member of said board of directors shall execute an official bond in the sum of three thousand dollars ($3,000), which bond shall be approved by the chairman of the board of county commissioners of said county and shall be recorded in the office of the probate clerk and ex-officio county recorder thereof. All official bonds herein provided for shall be in form prescribed by law for official bonds for county officials, except that the obligee named in said bonds shall be the said district. The premiums upon such bonds and the bonds required from any other officer of the district shall be paid by the district.
History:
Laws 1929, ch. 76, § 7; C.S. 1929, § 73-707; 1941 Comp., § 77-2407; 1953 Comp., § 75-25-7.
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 12 - Electrical Irrigation Districts › Section 73-12-8 - Office of board; subsequent elections.

The office of the board of directors shall be located in the county where the organization was effected. Fifteen (15) days before any election held under this act [73-12-1 to 73-12-57 NMSA 1978], subsequent to the organization of the district, the secretary who shall be appointed by the board of directors shall cause notice, specifying the polling places of each precinct, to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the time for posting the notices, said board must appoint from each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of the election, the electors of the precinct present at the hour may appoint the board or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the hour and place in the precinct where the election must be held.
History:
Laws 1929, ch. 76, § 8; C.S. 1929, § 73-708; 1941 Comp., § 77-2408; 1953 Comp., § 75-25-8.
ANNOTATIONS
Cross references.
— For location of office,
see
73-13-1, 73-13-2 NMSA 1978.
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 12 - Electrical Irrigation Districts › Section 73-12-9 - The election board; oath of judges; polls kept open.

One of the judges shall be chairman of the election board and may: first - administer all oaths required in the progress of any election; second - appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify the oaths required to be administered during the progress of an election. Before opening the polls, each member of the board must take and subscribe an oath to faithfully perform the duties imposed upon him by law. An elector of the precinct may administer and certify such oath. The polls must be opened at eight o'clock in the morning of election and be kept open until six o'clock p.m. of the same day. It shall be the duty of the clerk of the board of election to forthwith deliver the return duly certified to the board of directors of the district.
History:
Laws 1929, ch. 76, § 9; C.S. 1929, § 73-709; 1941 Comp., § 77-2409; 1953 Comp., § 75-25-9.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-10 - Returns canvassed by board of directors.

No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. If at the time of meeting, the returns from each precinct in the district in which the polls were open have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and counting the votes case for each person voted for, or as to each question voted upon, and declaring the results thereof. The board shall declare elected the person receiving the highest number of votes so returned for each office and also declare the result as to any question submitted.
History:
Laws 1929, ch. 76, § 10; C.S. 1929, § 73-710; 1941 Comp., § 77-2410; 1953 Comp., § 75-25-10.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-11 - Secretary to certify results of election to county clerk.

The secretary of the board of directors must, as soon as the result of any election held under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] is declared, enter in the records of such board and file with the county clerk of the county in which the office of said district is located, a statement of such result, which statement must show: first, a copy of the publication notice of said election; second, the names of the judges of said election; third, the whole number of votes cast in the district and in each precinct of the district; fourth, the names of the persons voted for; fifth, the number of votes cast in the district for each of such persons; sixth, the names of the persons declared elected; seventh, the result declared on any question submitted, in accordance with the majority of the votes cast for or against such question. The secretary must immediately make out and deliver to the person elected a certificate of election, signed by him and authenticated with the seal of the board. In case of a vacancy in the board of directors by death, removal or inability from any cause to properly discharge the duties as such director, the vacancy shall be filled by appointment by the remaining members of the board, and upon their failure or inability to act within thirty days after such vacancy occurs, then upon petition of five electors of said district, the board of county commissioners of the county where the office of said board of directors is situate, shall fill such vacancy or vacancies. Any director appointed as above provided shall hold his office until the next general election of said district, and until his successor is elected and qualified.
History:
Laws 1929, ch. 76, § 11; C.S. 1929, § 73-711; 1941 Comp., § 77-2411; 1953 Comp., § 75-25-11.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-13 - Regular and special meetings of board; records of board to be kept open; rights-of-way; right to acquire oil or gas for power; title to property; exemption from taxation.

The board of directors shall hold a regular quarterly meeting in their office on the first Tuesday of January, April, July and October of each year and such special meetings as may be required for the proper transaction of business. All special meetings shall be called by the president of the board or any two directors. All meetings of the board must be made public and two members shall constitute a quorum for the transaction of business, and on all questions requiring a vote there shall be a concurrence of at least two members of said board. All records of the board must be open to the inspection of any elector during business hours. The board, its agents and employees, shall have the right to enter upon any land in the district to make surveys and to locate and construct any canal or canals and the necessary laterals and any power or transmission lines. Said board shall also have the right to acquire all lands, water rights, gas lines, oil lines franchise [franchises] and other property necessary for the construction, use, maintenance, repair and improvement of such property and shall also acquire, under contract, natural or artificial gas or oil to be used in generating power for pumping purposes; and shall also have the right by purchase or condemnation to acquire rights-of-way for the construction or enlargement of its ditches, canals or reservoirs or power lines or gas mains and also lands for reservoir sites.
The title to all property acquired under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] shall immediately and by operation of law vest in such irrigation on [sic] district in its corporate name and such property shall be held for the uses and purposes set forth in this act and shall be exempt from all taxation.
History:
Laws 1929, ch. 76, § 13; C.S. 1929, § 73-713; 1941 Comp., § 77-2413; 1953 Comp., § 75-25-13.
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 §§ 58, 70, 88, 89, 102.
94 C.J.S. Waters §§ 314 to 320, 332.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-14 - Acquire property and rights for district; actions in court; legality of organization of district presumed after one year.

The said board is hereby authorized and empowered to take conveyances or contracts for all property or rights acquired by it under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] in the name of such irrigation district to and for the purposes herein expressed, and to institute and maintain any and all actions, proceedings and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any or all rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits or proceedings the said board may sue, appear and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits and proceedings in any court of this state of the organization and existence of any irrigation district in this state now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in Section 6 [73-12-6 NMSA 1978] of this act; and a certified copy of said order shall be prima facie evidence in all actions, suits and proceedings in any court in this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth; and any such irrigation district, in regard to which any such order has been heretofore or may hereafter be entered, and such certified copy thereof so filed for record, and which has exercised or shall exercise rights and powers of such district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the formation or organization whereof shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, established and existing irrigation district within the meaning of this act, and its due and lawful formation and organization shall not thereafter be questioned in any action, suit or proceeding whether brought under the provisions of this act or otherwise.
History:
Laws 1929, ch. 76, § 14; C.S. 1929, § 73-714; 1941 Comp., § 77-2414; 1953 Comp., § 75-25-14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 91.
94 C.J.S. Waters § 316.