reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-68 - Audit of district records; levy.

Not less than once every two years said board shall have an audit of the records and books of said district, and shall levy and collect assessments for the [that] purpose. Said audit shall be made by a private firm or auditor approved by the secretary of finance and administration.
History:
1941 Comp., § 77-2742, enacted by Laws 1943, ch. 126, § 15; 1953 Comp., § 75-28-47; Laws 1977, ch. 247, § 199.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Temporary provisions.
— Laws 1984, ch. 128, § 1, directed the local government division of the department of finance and administration to research, review and investigate the taxing structure and assessment practices and procedures of the middle Rio Grande conservancy district and required that division to submit a report to the legislative finance committee and legislative council on or before December 1, 1984, to contain the findings of its study.
The 1977 amendment
substituted "the purpose" for "that purpose" at the end of the first sentence and substituted "secretary of finance and administration" for "state comptroller."
Exemption from audit.
— Under Section 73-14-69 NMSA 1978, the middle Rio Grande conservancy district has been specifically exempted from the provision of this section requiring that an audit shall be made by a private firm or auditor approved by the state comptroller. 1953 Op. Att'y Gen. No. 53-5658.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-69 - Application of provisions of act.

A. The provisions of this act [73-14-54 to 73-14-69 NMSA 1978] shall not apply to nor be construed as affecting any conservancy districts organized to conserve, protect or develop the waters of underground streams, channels, artesian basins, reservoirs or lakes having reasonably ascertainable boundaries where such waters have been placed to beneficial use. The provisions of this act shall not apply to nor be construed as affecting conservancy districts having more than 100,000 acres, formed prior to July 1, 1952, whether agricultural or otherwise, included within said conservancy district, subject to conservancy assessment. The provisions of this act do not apply to conservancy districts to which the provisions of Sections 73-14-70 through 73-14-88 NMSA 1978 apply.
B. This act shall not take effect as to any conservancy district in which the irrigation system is under construction, and no election of directors shall be held therein, until the main canals in such district are in such condition that water can be delivered therefrom for irrigation upon lands in said district; and the first election of directors in any such district shall be held on the first Tuesday of October after the water can be delivered for irrigation from said canals upon the lands in said conservancy district.
History:
1941 Comp., § 77-2743, enacted by Laws 1943, ch. 126, § 16; 1953 Comp., § 75-28-48; Laws 1959, ch. 313, § 2; 1961, ch. 67, § 1.
ANNOTATIONS
Cross references.
— For appointment of directors on formation of district,
see
73-14-17 NMSA 1978.
Exemption from audit.
— Under this section, the middle Rio Grande conservancy district has been specifically exempted from the provision of Section 73-14-68 NMSA 1978 requiring that an audit shall be made by a private firm or auditor approved by the state comptroller. 1953 Op. Att'y Gen. No. 53-5658.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-70 - Applicability of act.

The provisions of Sections 73-14-70 through 73-14-88 NMSA 1978 apply only to conservancy districts in existence and having between fifteen thousand and thirty thousand acres within their exterior boundaries on July 1, 1961 and to all conservancy districts formed after that date. The provisions of these sections do not apply to any conservancy district organized to conserve, protect or develop the waters of underground streams, channels, artesian basins, reservoirs or lakes having reasonably ascertainable boundaries where those waters have been placed in beneficial use.
History:
1953 Comp., § 75-28-49, enacted by Laws 1961, ch. 67, § 2.
ANNOTATIONS
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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-71 - Definition of "qualified elector"; qualified elector list.

A. As used in the provisions of Sections 73-14-70 through 73-14-88 NMSA 1978, "qualified elector" means a natural person who has reached the age of majority and who, for at least six months prior to the election, has owned, either in community or separately, real property located within the district and subject to conservancy district appraisals, assessments, levies and taxes.
B. 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., § 75-28-50, enacted by Laws 1961, ch. 67, § 3; 1973, ch. 138, § 34; 2018, ch. 79, § 149.
ANNOTATIONS
Cross references.
— For age of majority,
see
12-2A-3 and 28-6-1 NMSA 1978.
The 2018 amendment,
effective July 1, 2022, required the conservancy district to 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 designation "A."; and added Subsection B.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-72 - Board of directors; powers; election; terms.

A. Boards of directors of conservancy districts shall consist of five members each of whom shall be a qualified elector of the district, and shall be bodies corporate, may sue and be sued and shall have all of the statutory rights, powers, obligations and duties conferred upon or required of the boards of directors of conservancy districts created under the Conservancy Act of New Mexico [73-14-3 NMSA 1978].
B. Members of boards of directors shall be elected at large from the entire conservancy district and shall serve for a term of six years except as provided in Section 73-14-75 NMSA 1978 which establishes staggered terms for the first elected board.
History:
1953 Comp., § 75-28-51, enacted by Laws 1961, ch. 67, § 4; 1963, ch. 18, § 1.
ANNOTATIONS
Compiler's notes.
— For the meaning of "Conservancy Act",
see
compiler's notes to 73-14-1 NMSA 1978.
Cross references.
— For qualified elector,
see
73-14-71 NMSA 1978.
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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-73 - Elections.

Elections shall be held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Conservancy districts formed after July 1, 1961 shall hold their first election as provided in Section 73-14-74 NMSA 1978.
History:
1953 Comp., § 75-28-52, enacted by Laws 1961, ch. 67, § 5; 2018, ch. 79, § 150.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, required that conservancy district elections shall be held pursuant to the Local Election Act; in the section heading, deleted "when held"; deleted former Subsection A, which provided for elections under the former law; deleted subsection designations "B." and "C."; and after "Elections shall be held", deleted "every two years following the year 1961 and shall be held on the first Tuesday of October;" and added "pursuant to the Local Election Act".
Temporary provisions.
— Laws 2023, ch. 46, § 1 provided:
A. Notwithstanding the provisions of The Conservancy Act of New Mexico that provide for district elections to be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978], a district organized pursuant to that act shall conduct its 2023 election in accordance with the provisions of this section and election procedures adopted by the district's board of directors. In 2025, a district shall conduct its election pursuant to the Local Election Act. The secretary of state shall work with the districts to identify barriers, provide recommendations and coordinate efforts to ensure each district's participation in the regular local election of 2025.
B. A district's board of directors shall select an election director to provide election services. The election director shall operate pursuant to a contract, which may be approved by the secretary of state upon request of the board of directors.
C. The 2023 election may be conducted by emergency paper ballot, electronic voting machine or any other state certified tabulating voting machine.
D. For the middle Rio Grande conservancy district, the 2023 election shall be held on October 3, 2023. For any other district, the 2023 election shall be held on a date determined by the district's board of directors that is: (1) before the first Tuesday in October 2023; or (2) the later of: (a) forty-five days after the adjournment of the state or county canvassing board for the 2023 regular local election; or (b) forty-five days after any recount, contest or other judicial inquiry regarding the 2023 regular local election.
E. As used in Laws 2023, ch. 46, § 1, "district" means a district organized pursuant to The Conservancy Act of New Mexico.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-74 - Eligibility of district to hold election.

A. No election shall be held in an existing conservancy district until the main canals in that district are in such a condition that water can be delivered from them for irrigation on the lands within the district.
B. The first election in any district formed after July 1, 1961 shall be held with the first regular local election occurring after the requirements of Subsection A of this section are fulfilled.
History:
1953 Comp., § 75-28-53, enacted by Laws 1961, ch. 67, § 6; 1965, ch. 76, § 6; 2018, ch. 79, § 151.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, revised the scheduling of elections for certain conservancy districts; and in Subsection B, after "July 1, 1961", deleted "or in a district existing on July 1, 1961, and having an appointed board of directors", and after "shall be held", deleted "on the first Tuesday of October occurring in an odd-numbered year during or" and added "with the first regular local election occurring".
Temporary provisions.
— Laws 2023, ch. 46, § 1 provided:
A. Notwithstanding the provisions of The Conservancy Act of New Mexico that provide for district elections to be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978], a district organized pursuant to that act shall conduct its 2023 election in accordance with the provisions of this section and election procedures adopted by the district's board of directors. In 2025, a district shall conduct its election pursuant to the Local Election Act. The secretary of state shall work with the districts to identify barriers, provide recommendations and coordinate efforts to ensure each district's participation in the regular local election of 2025.
B. A district's board of directors shall select an election director to provide election services. The election director shall operate pursuant to a contract, which may be approved by the secretary of state upon request of the board of directors.
C. The 2023 election may be conducted by emergency paper ballot, electronic voting machine or any other state certified tabulating voting machine.
D. For the middle Rio Grande conservancy district, the 2023 election shall be held on October 3, 2023. For any other district, the 2023 election shall be held on a date determined by the district's board of directors that is: (1) before the first Tuesday in October 2023; or (2) the later of: (a) forty-five days after the adjournment of the state or county canvassing board for the 2023 regular local election; or (b) forty-five days after any recount, contest or other judicial inquiry regarding the 2023 regular local election.
E. As used in Laws 2023, ch. 46, § 1, "district" means a district organized pursuant to The Conservancy Act of New Mexico.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-75 - Election of first board of directors.

At the first election of board members for a conservancy district one of the candidates shall be elected for a two year term, two candidates for four year terms and two candidates for six year terms.
History:
1953 Comp., § 75-28-54, enacted by Laws 1961, ch. 67, § 7.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-76 - Vacancies on board; how filled.

If a vacancy occurs on a conservancy district board of directors the remaining board members shall appoint by majority vote a qualified elector of the district to serve the unexpired term of the vacant office.
History:
1953 Comp., § 75-28-55, enacted by Laws 1961, ch. 67, § 8.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-77 - Suspension or removal of board members.

A member of a conservancy district board of directors may be removed in the same manner and for the same reasons that a county officer may be removed.
History:
1953 Comp., § 75-28-56, enacted by Laws 1961, ch. 67, § 9.
ANNOTATIONS
Cross references.
— For removal of county officers,
see
10-4-1 to 10-4-29, 10-5-1 to 10-5-8, 10-6-1 to 10-6-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-78 - Notice of candidacy; signatures of electors.

Any qualified elector who desires to become a candidate for election as a member of a conservancy district board of directors shall file a written notice of candidacy with the proper filing officer in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. In addition, a notice for candidacy shall be signed by at least ten qualified electors within the conservancy district.
History:
1953 Comp., § 75-28-57, enacted by Laws 1961, ch. 67, § 10; 2018, ch. 79, § 152.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, required any qualified elector who desires to become a candidate for election as a member of the conservancy district board of directors to file a notice of candidacy with the proper filing officer in accordance with the provisions of the Local Election Act; deleted subsection designation "A."; after "written notice of candidacy with the", deleted "secretary of the existing appointed or elected board at least twenty days before the election" and added "proper filing officer in accordance with the provisions of the Local Election Act"; deleted former Subsection B, which related to the contents of a notice of candidacy; and deleted subsection designation "C.".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-79 - Designation of board members for purposes of election.

For purpose of election only, at the first election in a conservancy district the two year term [of] office is designated as position 1, the two four year terms as positions 2 and 3 and the two six years terms as positions 4 and 5. At all elections subsequent to the first these sa me numbers shall be used to designate the office or offices for which persons become candidates.
History:
1953 Comp., § 75-28-58, enacted by Laws 1961, ch. 67, § 11.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-80 - Repealed.

History:
1953 Comp., § 75-28-59, enacted by Laws 1961, ch. 67, § 12; 1978 Comp., § 73-14-80, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-80 NMSA 1978, as enacted by Laws 1961, ch. 67, § 12, relating to election, selection of voting places, 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-81 - Repealed.

History:
1953 Comp., § 75-28-60, enacted by Laws 1961, ch. 67, § 13; 1978 Comp., § 73-14-81, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-81 NMSA 1978, as enacted by Laws 1961, ch. 67, § 13, relating to election judges, 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-82 - Repealed.

History:
1953 Comp., § 75-28-61, enacted by Laws 1961, ch. 67, § 14; 1978 Comp., § 73-14-82, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-82 NMSA 1978, as enacted by Laws 1961, ch. 67, § 14, relating to election, form of ballot, 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-83 - Repealed.

History:
1953 Comp., § 75-28-62, enacted by Laws 1961, ch. 67, § 15; 1978 Comp., § 73-14-83, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-83 NMSA 1978, as enacted by Laws 1961, ch. 67, § 15, relating to election, polls, opening and closing times, 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-84 - Repealed.

History:
1953 Comp., § 75-28-63, enacted by Laws 1961, ch. 67, § 16; 1999, ch. 168, § 9; 1978 Comp., § 73-14-84, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-84 NMSA 1978, as enacted by Laws 1961, ch. 67, § 16, relating to election, procedure, 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-85 - Repealed.

History:
1953 Comp., § 75-28-64, enacted by Laws 1961, ch. 67, § 17; 1978 Comp., § 73-14-85, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-85 NMSA 1978, as enacted by Laws 1961, ch. 67, § 17, relating to elections, counting ballots, certification of results to the board, 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-85.1 - Repealed.

History:
Laws 1996, ch. 42, § 17; repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-85.1 NMSA 1978, as enacted by Laws 1996, ch. 42, § 17, relating to elections for certain districts, counting ballots, certification of results to the board, 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-86 - Repealed.

History:
1953 Comp., § 75-28-65, enacted by Laws 1961, ch. 67, § 18; 1978 Comp., § 73-14-86, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-86 NMSA 1978, as enacted by Laws 1961, ch. 67, § 18, relating to election, canvass, certificates 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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-87 - Election expense.

The board of directors of conservancy districts are [is] authorized to pay out of the treasury those sums necessary to meet the actual expenses of elections, and the board may levy a tax sufficient to meet election expenses on all property that is subject to direct assessment or taxation within the district.
History:
1953 Comp., § 75-28-66, enacted by Laws 1961, ch. 67, § 19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-88 - Election violations; penalty.

A. No director or secretary of a board of directors of a conservancy district shall wilfully fail to perform any of the duties imposed upon him by the provisions of Sections 73-14-70 through 73-14-88 NMSA 1978.
B. No person who is not a qualified elector shall vote at a conservancy district election unless he casts his vote with a reasonable belief that he is a qualified elector.
C. No election judge shall wilfully miscount ballots or intentionally falsify the results of an election.
D. A person who commits a violation of this section is guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years or [by] a fine of not more than five thousand dollars ($5,000), or both.
History:
1953 Comp., § 75-28-67, enacted by Laws 1961, ch. 67, § 20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-89 - Penalty; false voting.

A. False voting consists of:
(1) voting or offering to vote with the knowledge of not being a qualified elector;
(2) voting or offering to vote in the name of any other person;
(3) voting or offering to vote more than once in the same election;
(4) inducing, abetting or procuring or attempting to induce, abet or procure a person known to not be a qualified elector to vote; or
(5) inducing, abetting or procuring or attempting to induce, abet or procure a person who, having voted once in any election, votes or attempts to vote again at the same election.
B. Whoever commits false voting is guilty of a fourth degree felony.
History:
Laws 1996, ch. 42, § 1.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-90 - Unlawful possession of absentee ballot material; penalty.

A. Unlawful possession of absentee ballot material consists of the unauthorized possession at any time of absentee ballot material or obtaining absentee ballot material in an unlawful manner. As used in this section, "absentee ballot material" means an absentee ballot, absentee ballot envelope or an absentee ballot return.
B. Whoever commits unlawful possession of absentee ballot material is guilty of a fourth degree felony.
History:
Laws 1996, ch. 42, § 2.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-91 - Unlawful opening of ballot box; penalty.

A. Unlawful opening of a ballot box consists of opening any ballot box or inspecting or removing the contents of a ballot box without lawful authority or conspiring with others to have the same done.
B. Whoever commits unlawful opening of a ballot box is guilty of a fourth degree felony.
History:
Laws 1996, ch. 42, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 1996, ch. 42, § 19 made the act effective March 4, 1996.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-92 - Falsifying an election document; penalty.

A. Falsifying an election document consists of knowingly circulating, presenting or offering to present for the signature of another person a nominating petition that does not clearly show on the face of the petition the name of the candidate, the date of the election, the address at which the candidate resides, the candidate's county of residence and the position on the conservancy district board for which the candidate seeks nomination.
B. Whoever commits falsifying an election document is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for a definite term of less than one year or shall pay a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine in the discretion of the judge.
History:
Laws 1996, ch. 42, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 1996, ch. 42, § 19 made the act effective March 4, 1996.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-1 - Appointment of appraisers.

A. At the time of making its order organizing the district or at any time thereafter, the court, or board of judges as the case may be, in the manner provided shall appoint three appraisers (herein described and referred to as appraisers or the board of appraisers), whose term of office shall be until the appraisals of benefits and damages are filed and finally determined by court and whose duty it shall be to appraise the lands or other property within and without the district to be acquired for rights-of-way, reservoirs and other works of the district, and to appraise all benefits and damages accruing to all land within or without the district by reason of the execution of the official plan.
B. Two of said appraisers shall be freeholders residing within the state of New Mexico, who may or may not own lands within said district. Each of the appraisers shall, before taking up his duties, take and subscribe to an oath that he will faithfully and impartially discharge his duties as such appraiser, and that he will make a true report of such work done by him.
C. The said appraisers shall at their first meeting elect one of their own number chairman, and the secretary of the board or his deputy shall be ex-officio secretary of said board of appraisers during their continuance in office. A majority of the appraisers shall constitute a quorum, and a concurrence of the majority in any matter within their duties shall be sufficient for its determination.
D. The court or board of judges as the case may be, shall fill all vacancies in the board of appraisers, or may appoint a new board, all in the manner provided, as occasion may require, which new board, if appointed, shall perform all the duties and exercise all the powers of the appraisers of the district.
History:
Laws 1927, ch. 45, § 401; C.S. 1929, § 30-401; 1941 Comp., § 77-2801; 1953 Comp., § 75-29-1.
ANNOTATIONS
Cross references.
— For compensation of appraisers,
see
73-16-29 NMSA 1978.
Duration and function of board of appraisers.
— The board of appraisers is a tribunal continuing in character as long as there is work to be done, and their duties are to appraise only such damages as are contemplated by the statute (Laws 1927, ch. 45).
Zamora v. Middle Rio Grande Conservancy Dist.
, 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.
Law reviews.
— For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities,"
see
9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 70 to 72.
52A C.J.S. Levees and Flood Control § 33; 94 C.J.S. Waters § 333.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-3 - Land affected outside the district.

A. If the appraisers find that land not embraced within the boundaries of the district will be affected by the proposed improvement, or should be included in the district, they shall appraise the benefits and damages to such land, and shall file a special report in court regarding the land which, in their opinion should be included in the district, giving a description thereof and their appraisal thereof.
B. The appraisers shall also report to the court any land which, in their opinion, should be eliminated from the district.
History:
Laws 1927, ch. 45, § 403; C.S. 1929, § 30-403; 1941 Comp., § 77-2803; 1953 Comp., § 75-29-3.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-4 - Notice of hearing on land excluded from or taken into district [; order of court].

A. If the special report of the appraisers includes recommendations that land be included in the district, or that land be excluded from the district, the court shall by order, fix a place and time for hearing thereon, and thereupon the clerk of the said court shall cause notice by publication (Schedule Form V) [73-17-24 NMSA 1978] to be made of the filing of the said special report and of the time and place of the hearing thereon, as is provided for a hearing on the petition for the creation of a district.
B. As to the notice to be given owners of land to be excluded from the district, it will be sufficient to notify each owner of that fact by mail.
C. Upon such hearing the court shall make and enter such order with respect to lands to be included in or excluded from the district as the facts and provisions of this act require.
History:
Laws 1927, ch. 45, § 404; C.S. 1929, § 30-404; 1941 Comp., § 77-2804; 1953 Comp., § 75-29-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to the Conservancy Act of New Mexico, enacted by Laws 1927, ch. 45, the provisions of which are presently compiled as 73-14-1 to 73-14-8, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978.
See also
notes to 73-14-1 NMSA 1978 and 73-18-1 NMSA 1978.
Cross references.
— For notice of hearing on petition for creation of district,
see
73-14-7 NMSA 1978.
For notice of hearing on appraisals,
see
73-15-6 NMSA 1978 and notes thereto.
For short form of notice,
see
73-17-19 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 60.
52A C.J.S. Levees and Flood Control § 17; 94 C.J.S. Waters § 319(3).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-5 - Report of appraisers.

A. The appraisers shall prepare a tabulated report of all of their findings which shall be bound in book form and shall be known as the conservancy appraisal record. Such record (Schedule Form VI) [73-17-24 NMSA 1978] shall contain the names of the owners of property appraised as they may appear on the tax rolls or from the records of the office of the probate clerk and ex-officio recorder; a description of the property appraised; the amount of benefits appraised; the amount of damages appraised; and the appraised value of land or other property whcih [which] may be taken for the purposes of the district.
B. The appraisers shall also report any other benefits or damages or any other matter which, in their opinion, should be brought to the attention of the court. No error in the names of the owners of property or in the description thereof shall invalidate said appraisal or the levy of assessments or taxes based thereon, if sufficient description be given to identify such property.
C. When the report is completed, it shall be signed by at least a majority of the appraisers and deposited with the clerk who shall file it in the original case.
History:
Laws 1927, ch. 45, § 405; C.S. 1929, § 30-405; 1941 Comp., § 77-2805; 1953 Comp., § 75-29-5.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-6 - Notice of hearing on appraisals.

A. Upon the filing of the report of the appraisers, the court shall by order fix places and times not less than thirty (30) days nor more than sixty (60) days after the report of the appraisers is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication (Schedule Form VII) [73-17-24 NMSA 1978] to be made in each county in the district, of the filing of the said report, and of the times and places of the hearing thereon.
B. It shall not be necessary for said clerk to name the parties interested, nor to describe separate lots or tracts of land in giving said notice, but it shall be sufficient to give such description as will enable the owner to determine whether or not his land is covered by such description.
C. Where lands in different counties are mentioned in said report, it shall not be necessary to publish in each county a description of all the lands in the district, but only of that part of the said lands situate in the county in which publication is made.
D. The conservancy court shall fix a date when hearing on exceptions shall be heard in each county within the conservancy district, and all exceptions to the appraisal report shall be tried and heard in the county in which such property affected is located, by the special master, or otherwise; provided trial and hearing in such county is claimed in the exception.
History:
Laws 1927, ch. 45, § 406; C.S. 1929, § 30-406; 1941 Comp., § 77-2806; 1953 Comp., § 75-29-6.
ANNOTATIONS
Cross references.
— For short form of notice,
see
73-17-19 NMSA 1978.
Constitutionality of notice.
— Notice provided for in this section does not deprive parties in interest of any guaranty contained in N.M. Const., art. II, § 18.
Gutierrez v. Middle Rio Grande Conservancy Dist.
, 1929-NMSC-071, 34 N.M. 346, 282 P. 1, cert. denied, 280 U.S. 610, 50 S. Ct. 158, 74 L. Ed. 653 (1930).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 70 to 72.
52A C.J.S. Levees and Flood Control § 36; 94 C.J.S. Waters § 333.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-8 - Order on appraisals.

A. If it appear to the satisfaction of the court, after having heard and determined all exceptions, that the estimated cost of constructing the improvements contemplated in the official plans [plan] is less than the benefits appraised, then the court shall by order approve and confirm the report of the appraisers as so modified and amended, and the findings and appraisals in such approved and confirmed report shall become the award of the appraisers.
B. In considering the findings and the appraisals made by the appraisers, the court shall take cognizance of the official plan and of the degree to which it is effective for the purposes of the district. In case the court shall find that the estimated benefits appraised are less than the estimated total cost of the execution of the official plan, exclusive of interest on deferred payments; or that the official plan is not suited to the requirements of the district, it may at its discretion return said official plan to the board, with an order directing it to prepare new or amended plans; or it may by order dissolve the district, after having provided for the payment of all expenses theretofore incurred.
C. Where the property or rights of any property owner of the district located or to be exercised in another judicial district, are finally adjudicated in the conservancy court, and the matter or right so decided is other than appraisal of benefits and damages and does not involve the policy of the district or the general right of other property owners therein, the court shall upon motion of the property owner so aggrieved, filed within five days after such decision, grant a rehearing of such matter and transfer the trial thereof to the district court of the county in which such property or right in question is located.
History:
Laws 1927, ch. 45, § 408; C.S. 1929, § 30-408; 1941 Comp., § 77-2808; 1953 Comp., § 75-29-8.
ANNOTATIONS
Cross references.
— For payment of construction fund assessments,
see
73-16-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-9 - Jury trials.

Whenever provision is made in this act for trial of any controversy by a jury, it shall be taken and construed to mean only those controversies in which trial by jury is guaranteed by the constitution of the state of New Mexico. All other controversies provided herein to be heard by the court or jury shall be heard and decided by the judge without the intervention of a jury.
History:
Laws 1927, ch. 45, § 409; C.S. 1929, § 30-409; 1941 Comp., § 77-2809; 1953 Comp., § 75-29-9.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-15-4 NMSA 1978.
Constitutionality of former provisions.
— The provisions of Laws 1923, ch. 140, § 409(5) (repealed), which gave the district court jurisdiction to try condemnation cases involving lands which might be beyond the territorial limits of the district, were not unconstitutional.
In re Proposed Middle Rio Grande Conservancy Dist.
, 1925-NMSC-058, 31 N.M. 188, 242 P. 683.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-10 - Entry after deposit of award [pending jury trial].

No property shall be taken until just compensation has been paid according to law. But where a trial by jury is demanded under the preceding section [73-15-9 NMSA 1978], the board may pay into court, in money, the amount allowed by the appraisers, with the costs, and thereupon the court shall make an order admitting the said district into possession of the property. And thereupon the board may enter into undisturbed possession of the property and rights involved. The right of entry provided herein shall be a cumulative remedy and additional to the district's right of possession during the pendency of condemnation proceedings under the provisions of Chapter XXXIV of the Codification of 1915, and all amendatory or supplementary acts thereto.
History:
Laws 1927, ch. 45, § 410; C.S. 1929, § 30-410; 1941 Comp., § 77-2810; 1953 Comp., § 75-29-10.
ANNOTATIONS
Compiler's notes.
— Chapter 34 of the 1915 Code, referred to in this section, was compiled as 42-1-1, 42-1-3 to 42-1-9, 42-1-11 to 42-1-22 NMSA 1978, before being repealed in 1981 by Laws 1981, ch. 125, § 62. For current law,
see
the Eminent Domain Code, 42A-1-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-11 - Filing order.

A. Upon the entry of the order of the court approving the report of the appraisers, the clerk shall transmit to the secretary a certified copy of the said order, and of the appraisals as confirmed by the court.
B. When any proceedings on a trial had in any other court have been finally determined, the clerk of the court deciding the same shall certify the amount of each item of the judgment to the clerk having the original case, who shall file the same therein and thereupon transmit certified copies of the same to the secretary as in this section above provided, who shall thereupon complete the conservancy appraisal record.
History:
Laws 1927, ch. 45, § 411; C.S. 1929, § 30-411; 1941 Comp., § 77-2811; 1953 Comp., § 75-29-11.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-13 - Property exempt and later liable to assessment.

If property in any district organized under this act is not liable to assessment at the time of the execution of the work, but afterwards, during the period when such work is being paid for, become [becomes] liable to assessment, such property shall thereupon be appraised and assessed.
History:
Laws 1927, ch. 45, § 413; C.S. 1929, § 30-413; 1941 Comp., § 77-2813; 1953 Comp., § 75-29-13.
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 73-15-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-14 - Subsequent appraisals.

In case any property within or without any district is benefited, which for any reason was not appraised in the original proceedings or was not appraised to the extent of benefits received; or in case any person or public corporation shall make use of or profit by the works of any district to a degree not compensated for in the original appraisal; or in case the board finds it necessary subsequent to the time when the first appraisals are made, to damage or take any additional property, the board, at any time such condition becomes evident, shall direct the appraisers to appraise the benefits, or the enhanced benefits received, or damages or the value of property taken; and the proceedings outlined for appraising lands not at first included within the boundaries of the district shall in all matters be conformed to, including notice to the party or parties interested; or the board may, at its discretion, make settlement with such parties for such use, benefit, damage or property taken.
History:
Laws 1927, ch. 45, § 414; C.S. 1929, § 30-414; 1941 Comp., § 77-2814; 1953 Comp., § 75-29-14.
ANNOTATIONS
Cross references.
— For change of official plan,
see
73-15-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 15 - Conservancy Districts; Appraisal of Benefits › Section 73-15-15 - Validation of irregular proceedings.

A. No fault in any notice or other proceeding shall affect the validity of any proceeding under this act, except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault.
B. In case it be found upon a hearing, that by reason of some irregularity or defect in the proceedings, the appraisal has not been properly made, the court may, nevertheless, on having proof that expense has been incurred which is a proper charge against the property of the complainant, make an order finding the amount of benefits to said property, and appraising the proper benefits accordingly, subject to a claim for a jury as provided, and thereupon said land shall be assessed as other land equally benefited.
C. In the event that, either before or after the issuance of bonds, the appraisal of benefits, either as a whole or in part, be declared by any court of competent jurisdiction, to be invalid by reason of any defect or irregularity in the proceedings therefor, whether jurisdictional or otherwise; the court where the original case is pending is hereby authorized and directed; on the application of the board, or of any holder of any bonds which may have been issued, promptly and without delay, to remedy all defects or irregularities as the case may require, by directing and causing to be made in the manner hereinbefore provided, a new appraisal of the amount of benefits against the whole or any part of the property in the said district as the case may require.
History:
Laws 1927, ch. 45, § 415; C.S. 1929, § 30-415; 1941 Comp., § 77-2815; 1953 Comp., § 75-29-15.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-15-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-1 - Moneys.

A. The moneys of every district shall consist of the following separate funds:
(1) "preliminary fund," by which is meant the proceeds of the level rate assessment authorized by Section 502 [73-16-2 NMSA 1978];
(2) "construction fund," by which is meant the proceeds of levies made against the special benefits appraised, equalized and confirmed;
(3) "maintenance fund," by which is meant the proceeds of a special assessment to be levied annually for the purpose of maintenance, upkeep, administration and current expenses;
(4) "general fund," by which is meant the moneys received by the district from any other source than hereinbefore set forth, and which may be withdrawn and placed in any other fund by order of the board.
B. The treasurer upon receipt of any moneys, shall credit the respective funds entitled thereto with the same. Money in the respective funds shall be withdrawn only upon warrants properly executed, in accordance with the form and requirements adopted by the board.
C. No warrants shall be drawn against the preliminary fund or the maintenance fund until an assessment-levying resolution shall have been properly passed by the board duly entered upon its records; and no bonds shall be issued against the construction fund until an assessment-levying resolution shall have been properly passed by the board and duly entered upon its records, and until the property owners shall have been given an opportunity, for a period of not less than sixty (60) days, to pay in cash the assessments so levied against their respective properties.
History:
Laws 1927, ch. 45, § 501; C.S. 1929, § 30-501; 1941 Comp., § 77-2901; 1953 Comp., § 75-30-1.
ANNOTATIONS
Cross references.
— For conservation and development fund,
see
73-16-32 NMSA 1978.
For guaranty fund,
see
73-16-41 NMSA 1978.
Law reviews.
— For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities,"
see
9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
52A C.J.S. Levees and Flood Control § 40; 94 C.J.S. Waters § 337.