2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-28 - [Powers of state agencies and subdivisions to contract with federal government respecting water projects.]

In addition to powers now vested by law in them, conservancy districts, water and sanitation districts, irrigation districts, departmental agencies or political subdivisions of the state, drainage districts and similar organizations, organized under the laws of New Mexico, are authorized to enter into agreements with the president of the United States, any department, board or agency thereof as may be prescribed and to accept grants for projects; execute and deliver such instruments in writing, to undertake a program of works which may include among other things the following:
A. drilling of wells, construction of reservoirs, irrigation and drainage systems or projects and flood control and waterworks projects and works;
B. the construction, maintenance and/or operation of any projects of any character eligible for loans under the provisions of the Acts of Congress, not otherwise provided with satisfactory agencies for cooperation with the federal government in such work;
C. to acquire land, construct, maintain and operate works and systems for the conservation and development of water resources;
D. to accept from any federal agency grants for and in aid of the carrying out of the purposes of this act [72-14-9 to 72-14-23, 72-14-25 to 72-14-28 NMSA 1978] and of any acts of congress;
E. to make contracts and execute instruments containing such terms, provisions and conditions as in the discretion of the governing board may be necessary, proper or advisable for the purpose of obtaining grants or loans, or both, from any federal agency pursuant to or by virtue of any and all acts of congress; to make all other contracts and execute all other instruments necessary, proper or advisable in or for the furtherance of any projects or works and to carry out and perform the terms and conditions of all such contracts or instruments;
F. to subscribe to and comply with any and all applicable acts of congress and regulations made by any federal agency with regard to any grants or loans, or both, from any federal agency;
G. to perform any acts authorized under this act through, or by means of its own officers, agents and employees, or by contracts with corporations, firms or individuals;
H. to construct any projects or works by contract or otherwise as prescribed by act of congress or by any rules or regulations thereunder;
I. to sell bonds at private sale to any federal agency or to the state of New Mexico without any public advertisement;
J. to issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the board may determine, pending the preparation or execution of definitive bonds for the purpose of financing the construction of projects provided by any of the acts of congress;
K. to issue bonds bearing the signatures of officers in office on the date of signing such bonds, notwithstanding that before delivery thereof any or all the persons whose signatures appear thereon shall have ceased to be the officers of the board;
L. to include in the cost of any project:
(1) all organization costs;
(2) engineering, plans, specifications, surveys, estimates of costs, inspection, accounting, fiscal and legal expense;
(3) the cost of issuance of the bonds, including engraving, printing, advertising and other similar expenses;
(4) any interest costs during the period of construction of projects, and for not exceeding three years thereafter on money borrowed or estimated to be borrowed;
(5) the proper proportionate amount of administrative costs of the board as may be determined;
M. to exercise any power conferred by this act for the purpose of obtaining grants or loans, or both, from any federal agency pursuant to or by virtue of any and all acts of congress, independently or in conjunction with any other power or powers conferred by this act or heretofore or hereafter conferred by any other law;
N. to contract debts for the construction and operation of any system or project, to borrow money and to issue its revenue bonds to finance such construction, and to provide for the rights of the holders of the bonds and to secure the bonds as herein provided;
O. to accept from private owners deeds or other instruments of trust relating to land and to subdivide, improve and sell such lands;
P. to investigate and select for settlement suitable areas of undeveloped lands in this state suitable for settlement;
Q. to make on any lands such improvements as may be necessary to render the same habitable and productive;
R. to purchase and acquire lands in cooperation with the United States under such conditions as may be deemed advisable for the purpose of this act, and to convey the same under such conditions, terms and restrictions as may be approved by the board and the federal government or any of its authorized agencies;
S. to purchase rights-of-way and pay construction costs in connection with any projects contemplated by this act either from its own funds or cooperatively with the federal government;
T. to make investigations and surveys of water resources and of opportunities for the conservation and development and pay the costs of the same either from its own funds or cooperatively with the federal government;
U. to fix, maintain and collect fees, rents, tolls and other charges for service rendered;
V. to appoint and fix salaries and duties of officers, experts, agents and employees as it deems necessary, to hold office during the pleasure of the board, as it may require;
W. to perform any and all of the foregoing acts and to do any and all of the foregoing things under, through or by means of its own officers, agents and employees or by contract with any person, federal agency or municipal political subdivision of this state;
X. to delegate to one or more of its members or its agents and employees such powers and duties as it may deem proper;
Y. to do any and all acts and things herein authorized or necessary to carry out the powers expressly given in this act, independently or in conjunction with any other power or powers conferred by this act or heretofore or hereafter conferred by any other law.
History:
1953 Comp., § 75-34-27, enacted by Laws 1955, ch. 266, § 19.
ANNOTATIONS
Joint Powers Agreement Act.
— Members of water commission had authority under the Joint Powers Agreement Act to form the commission and contract with the United States Bureau of Reclamation for the acquisition of a water supply; the members' "common authority" existed under this section.
San Juan Water Comm'n v. Taxpayers & Water Users
, 1993-NMSC-050, 116 N.M. 106, 860 P.2d 748.
Loan to an artesian conservancy district
of funds which would in turn be loaned to landowners for water conservation work within the district is authorized under this act. 1958 Op. Att'y Gen. No. 58-169.
Issuance of bonds by irrigation district.
— This section provides authority for construction of almost any type of work which might benefit conservation of water in the state. While it was primarily designed for use in conjunction with federal aid funds it is not limited to that purpose; it provides broad authority for issuance of bonds by irrigation districts and other like organizations. An irrigation district, under authority of this act, may issue its general obligation bonds to finance the construction of facilities to supply domestic and industrial water, as well as irrigation water, for its members. 1956 Op. Att'y Gen. No. 56-6362.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waterworks and Water Companies §§ 2 to 4.
94 C.J.S. Waters § 228.