reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 19 - Tri-State Water Conservancy Association › Section 73-19-1 - [Tri-state water conservancy association created.]

There is hereby created an organization to be known as the tri-state water conservancy association.
History:
Laws 1937, ch. 55, § 1; 1941 Comp., § 77-3201; 1953 Comp., § 75-33-1.
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. —
94 C.J.S. Waters § 318.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 19 - Tri-State Water Conservancy Association › Section 73-19-2 - [Governing body; number; selection; eligibility.]

That such organization shall be governed by a board of nine directors, to be selected as follows: three directors to be selected by the county commissioners of each of the counties of Quay, Curry and Roosevelt, and the directors selected to be residents, property owners and taxpayers in the counties from which they are selected.
History:
Laws 1937, ch. 55, § 2; 1941 Comp., § 77-3202; 1953 Comp., § 75-33-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 19 - Tri-State Water Conservancy Association › Section 73-19-3 - [Directors; gratuitous service; terms; filling vacancies.]

That the directors, once selected, shall serve without pay, one director from each county is to serve for a period of one year from the date of his selection, one director from each county is to serve for two years from the date of his selection and one director from each county is to serve for three years from the date of his selection, and the respective successors of the first directors to serve for a period of three years; that any vacancy in said board of directors shall be filled by the board of county commissioners of the county wherein the director whose office is to be filled resided.
History:
Laws 1937, ch. 55, § 3; 1941 Comp., § 77-3203; 1953 Comp., § 75-33-3.
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 19 - Tri-State Water Conservancy Association › Section 73-19-4 - [Powers of directors.]

That said board of directors shall have the power and it shall be its duty to cooperate with the representatives of the Texas counties, or any agencies created by the state of Texas or by said counties, interested in an effort to secure funds from the United States government, its officers, bureaus and agencies, for water conservation purposes in the counties of Quay, Roosevelt and Curry, in New Mexico, and to enter into all proper and necessary negotiations and agreements with the officers and employees of the federal government for the location of federal water conservancy projects in the three counties mentioned.
History:
Laws 1937, ch. 55, § 4; 1941 Comp., § 77-3204; 1953 Comp., § 75-33-4.
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 19 - Tri-State Water Conservancy Association › Section 73-19-5 - [No indebtedness to be contracted; organization; meetings; employees and agents.]

That said directors shall not have the right to contract any indebtedness whatsoever, either on behalf of the state of New Mexico or the counties for which they are chosen. That the board of directors of said conservancy association shall select such officers, representatives and employees as they may see fit, all of whom are to serve without compensation unless compensation for their services can be arranged with the United States government or by public contributions. That they shall meet and organize within ten days after their appointment. The exact date and place of the first meeting shall be set by the county commissioners of Curry county, New Mexico, and the date and place of subsequent meetings shall be fixed by the board of directors.
History:
Laws 1937, ch. 55, § 5; 1941 Comp., § 77-3205; 1953 Comp., § 75-33-5.
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 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-1 - Short title.

Sections 73-20-1 through 73-20-24 NMSA 1978 may be cited as the "Watershed District Act".
History:
1953 Comp., § 45-5-19, enacted by Laws 1957, ch. 210, § 1; 2018, ch. 79, § 159;
2019, ch. 212, § 251.
ANNOTATIONS
Cross references.
— For provisions of the Water Project Finance Act,
see
Chapter 72, Article 4A NMSA 1978.
The 2019 amendment,
effective April 3, 2019, changed "This act" to "Sections 73-20-1 through 73-20-24 NMSA 1978".
The 2018 amendment,
effective July 1, 2022, changed "This act" to "Sections 73-20-1 through 73-20-24 NMSA 1978".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-2 - Definitions.

As used in the Watershed District Act:
A. "directors" means directors of the watershed districts; and
B. "supervisors" means supervisors of soil and water conservation district or districts in which the watershed district is located.
History:
1953 Comp., § 45-5-20, enacted by Laws 1957, ch. 210, § 2; 1973, ch. 332, § 1; 1977, ch. 254, § 45.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-3 - Purpose of act.

The purpose of the Watershed District Act is to secure the federal assistance provided in Public Law 566 of the 83rd congress, and amendatory legislation, for New Mexico in its program to further the conservation, development, utilization, flood prevention and disposal of water, and thereby preserve and protect New Mexico's land and water resources.
History:
1953 Comp., § 45-5-21, enacted by Laws 1957, ch. 210, § 3.
ANNOTATIONS
Cross references.
— For Public Law 566 of the 83rd congress,
see
16 U.S.C. §§ 1001 to 1008 and 33 U.S.C. § 701b.
Purpose of watershed district.
— A watershed district is not a public utility organized for the purpose of supplying water to consumers. The basic purpose of the district is to "preserve and protect New Mexico's land and water resources." 1963 Op. Att'y Gen. No. 63-78.
District's funds can be used to pay portion of cost of reorganizing irrigations systems.
This expenditure of funds is permissible only if the purpose of the reorganization is directly related to the conservation of water or one of the other statutory purposes for which watershed districts are established. 1963 Op. Att'y Gen. No. 63-78.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-4 - Watershed districts; formation.

Watershed districts may be formed as subdistricts of soil and water conservation districts in a watershed area, as provided in the Watershed District Act, for the purpose of developing and executing plans and programs relating to any phase of conservation of water, or of water usage, including water-based recreation, flood prevention, flood control, erosion prevention and control of erosion, and floodwater and sediment damages.
History:
1953 Comp., § 45-5-22, enacted by Laws 1957, ch. 210, § 4; 1965, ch. 84, § 1; 1973, ch. 332, § 2; 1977, ch. 254, § 46.
ANNOTATIONS
District's funds can be used to pay portion of cost of reorganizing irrigations systems.
This expenditure of funds is permissible only if the purpose of the reorganization is directly related to the conservation of water or one of the other statutory purposes for which watershed districts are established. 1963 Op. Att'y Gen. No. 63-78.
Construction of flood detention dam
is an authorized function of the district since the purpose of watershed districts is the development and execution of plans and programs relating to any phase of conservation of water, etc. 1963 Op. Att'y Gen. No. 63-78.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 230.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-5 - Area.

The land area embraced in districts must be contiguous and must lie within a well-defined watershed area or subwatershed areas. The districts may embrace lands lying in one or more soil and water conservation districts, or lands lying partly within and partly outside a soil and water conservation district.
History:
1953 Comp., § 45-5-23, enacted by Laws 1957, ch. 210, § 5; 1973, ch. 332, § 3; 1977, ch. 254, § 47.
ANNOTATIONS
Federal, Indian reservation and state lands may be included in watershed district
only if the officials charged with administering such lands specifically agree to the inclusion of the lands in the district. Even if such agreement is obtained, there is yet another agreement that is a prerequisite to such inclusion; it would be necessary that the officials administering the lands in question also agree to put up a pro rata share of the district's budget, based on the value of the lands included in the district, because the assessment is to be uniform throughout the district. This amount may be difficult of computation, since in most counties property exempt from taxation is not carried on the tax rolls. The value of the real property as indicated on the tax rolls is a determining factor in computing the assessment. 1961 Op. Att'y Gen. No. 61-87.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-6 - Petitions.

When fifty or more landowners within a proposed watershed district, or twenty percent of the landowners within the proposed district, whichever is less, desire to form a watershed district, they shall file a petition with the board of supervisors. The petition shall define the boundaries of the proposed district, the number of acres of land involved, reasons for requesting creation of the district, the proposed name for the watershed district and other information pertinent to the proposal. In the event of a challenge to the validity of signatures on a petition, the burden of proof shall be on the sponsors of the petition.
History:
1953 Comp., § 45-5-24, enacted by Laws 1957, ch. 210, § 6; 1975, ch. 294, § 1; 2003, ch. 228, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, added the last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
94 C.J.S. Waters § 342.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-7 - Presentation of petitions.

If the proposed watershed district lies in more than one soil and water conservation district, the petition may be presented to the board of supervisors of any one of such districts and the supervisors of all such districts shall act as a joint board of supervisors in the formation and supervision of such a watershed district.
History:
1953 Comp., § 45-5-25, enacted by Laws 1957, ch. 210, § 7; 1973, ch. 332, § 4; 1977, ch. 254, § 48.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-8 - Hearing; notice.

A. Within thirty days after the petition has been filed with the board of supervisors, it shall cause due notice to be given by publication for three consecutive weeks, once a week on the same day of each week, immediately prior to the action in a newspaper of general circulation in the area, and, if no newspaper of general circulation exists, shall post in not less than eight public places within the area, notice of a hearing upon the practicability and feasibility of creating the district. In addition to the publication provided for in this subsection, absentee landowners shall be notified by first class mail if their whereabouts can be ascertained by reasonably diligent search. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion.
B. If it appears upon the hearing that it may be desirable to include within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After final hearing, if the board of supervisors determines, upon the facts presented at the hearing and upon other available information, that there is need, in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define by metes and bounds or by legal subdivisions, the boundaries of the district.
C. If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition.
History:
1953 Comp., § 45-5-26, enacted by Laws 1957, ch. 210, § 8; 1961, ch. 233, § 1; 1975, ch. 294, § 2.
ANNOTATIONS
Notice required for proposed district hearing.
— All landowners who do not reside on their land within the proposed district but reside outside the district are entitled to notice by registered mail of a hearing and referendum on a proposed watershed district. 1963 Op. Att'y Gen. No. 63-161.
Notice by publication constitutes constructive notice.
— Notice by publication, as provided in both Subsections A and B, constitutes constructive notice to landowners actually living in the proposed watershed district. 1963 Op. Att'y Gen. No. 63-161.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2 Am. Jur. 2d Administrative Law § 261 et seq.
73A C.J.S. Public Administrative Law and Procedure §§ 130, 131.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-9 - Referendum.

After the board of supervisors has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for creation of the proposed watershed district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in Section 73-20-13 NMSA 1978 is administratively practicable and feasible. To assist the board of supervisors in this determination, the board shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district. Due notice of the referendum shall be given as provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
1953 Comp., § 45-5-27, enacted by Laws 1957, ch. 210, § 9; 1975, ch. 294, § 3; 2018, ch. 79, § 160; 2019, ch. 212, § 252.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 160 effective April 3, 2019. Laws 2018, ch. 79, § 160 would have become effective July 1, 2022.
The 2019 amendment,
effective April 3, 2019, provided that notice of a referendum on the proposition of the creation of a watershed district shall be given as provided in the Local Election Act; after "shall be given as provided in", deleted "Section 73-20-8 NMSA 1978, except that, notice sent to absentee landowners shall also inform them of their right to request a ballot. Such notice shall state the date of holding the referendum, the hours of opening and closing the polls and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved. Ballots shall be sent to all absentee landowners upon request and they may vote by return ballot by first class mail" and added "the Local Election Act".
Legislative intent
is that the board may, after the hearing and tentative decision to include additional lands, immediately conduct a referendum. Under these circumstances, a combined notice that complies with all the statutory provisions is sufficient for both the hearing and referendum. 1975 Op. Att'y Gen. No. 75-44.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-10 - Repealed.

History:
1953 Comp., § 45-5-28, enacted by Laws 1957, ch. 210, § 10; 2003, ch. 228, § 2; 2018, ch. 79, § 161; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 73-20-10 NMSA 1978, as enacted by Laws 1957, ch. 210, § 10, and amended by Laws 2003, ch. 228, § 2, relating to ballots, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 161 effective April 3, 2019. Laws 2018, ch. 79, § 161 would have become effective July 1, 2022.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-11 - Votes; results.

The votes shall be counted in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. If a majority of the votes cast favors creation of the district, the county canvassing board shall certify the results to the county clerk in the county involved. Upon proper recording of the action, the watershed district shall be duly created. After recording, the certification shall be filed with the New Mexico department of agriculture.
History:
1953 Comp., § 45-5-29, enacted by Laws 1957, ch. 210, § 11; 1973, ch. 332, § 5; 1977, ch. 254, § 49; 1987, ch. 234, § 74; 2003, ch. 228, § 3; 2018, ch. 79, § 162; 2019, ch. 212, § 253.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the provision related to determining the results of an election on the creation of a watershed district; after the section heading, deleted "The votes shall be counted by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of supervisors", and after "creation of the district, the", added "county canvassing".
The 2018 amendment,
effective July 1, 2022, provided that the votes in a watershed district election shall be counted in accordance with the provisions of the Local Election Act; and after "The votes shall be counted", deleted "by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of supervisors" and added "in accordance with the provisions of the Local Election Act", and added "county canvassing" preceding "board".
The 2003 amendment,
effective June 20, 2003, substituted "New Mexico department of agriculture" for "forestry division of the energy, minerals and natural resources department" at the end.
The 1987 amendment,
effective July 1, 1987, substituted "the forestry division of the energy, minerals and natural resources department" for "the soil and water conservation division" at the end of the last sentence and made minor changes in language in the second, third and fourth sentences.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-13 - Authority.

Subject to the approval of the board of supervisors, the board of directors of a watershed district shall have power to:
A. levy an annual assessment on the real property within the district, within the limitations provided in Section 73-20-17 NMSA 1978, for administration, construction, operation and maintenance of works of improvement within and without the district as are required by the district in the performance of its functions;
B. acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings in the manner provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] property or rights of way necessary for the exercise of any authorized function of the district; provided that no property or water rights shall be condemned for the purposes of recreation;
C. construct, improve, operate, contract for and maintain such structures as may be necessary for the performance of any function authorized by the Watershed District Act;
D. borrow money necessary for the purpose of acquiring rights of way and establishing, constructing, reconstructing, repairing, enlarging and maintaining the structures and improvements required by the district in the performance of its functions and repay these loans with the proceeds of the annual assessment provided for in Subsection A of this section or by the issuance, negotiation and sale of its bonds as provided in Section 73-20-14 NMSA 1978; and
E. receive and grant assistance and cooperate with counties, municipalities and state and federal agencies in carrying out the provisions of the Watershed District Act.
History:
1953 Comp., § 45-5-31, enacted by Laws 1957, ch. 210, § 13; 1961, ch. 233, § 2; 1965, ch. 84, § 2; 1975, ch. 294, § 4; 1981, ch. 125, § 59; 2003, ch. 228, § 5.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, inserted "for" following "operate, contract" in Subsection C.
Payment for costs of constructing flood detention dam.
— The district's funds, whether obtained by borrowing, issuing bonds or the levying of assessments can be used to pay a portion of the costs of constructing a flood detention dam. 1963 Op. Att'y Gen. No. 63-78.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 62.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-14 - Bonds.

A. Bonds authorized by Section 73-20-13 NMSA 1978 shall not be issued until proposed by order or resolution of the board of directors, specifying the purpose for which the funds are to be used, and the proposed undertaking, the amount of bonds to be issued, the rate of interest they are to bear and the amount of any necessary assessment levy in excess of the maximum authorized in Section 73-20-17 NMSA 1978 to establish a sinking fund for the liquidation of bonds as provided in Section 73-20-17 NMSA 1978. A copy of the order or resolution shall be certified to the board of supervisors.
B. The board of supervisors shall conduct a hearing on the proposal after notice given pursuant to Section 73-20-8 NMSA 1978. If it appears that the proposal is within the scope and purpose of the Watershed District Act [73-20-1 NMSA 1978 et seq.] and meets all other requirements of the law, the proposal shall be submitted to the qualified electors of the district at an election held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].
C. If two-thirds of the qualified electors voting on the ballot question favor the proposal, the bonds may be issued.
History:
1953 Comp., § 45-5-32, enacted by Laws 1957, ch. 210, § 14; 1965, ch. 84, § 3; 1975, ch. 294, § 5; 2003, ch. 228, § 6; 2018, ch. 79, § 164; 2019, ch. 212, § 255.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 164 effective April 3, 2019. Laws 2018, ch. 79, § 164 would have become effective July 1, 2022.
The 2019 amendment,
effective April 3, 2019, provided that a proposal to issue bonds shall be submitted to the qualified electors of a watershed district and that the election shall be conducted pursuant to the Local Election Act"; in Subsection B, after "shall be submitted to the", deleted "landowners of the district by referendum under supervision of the board of supervisors." and added "qualified electors of the district at an election held pursuant to the Local Election Act"; deleted former Subsection C and redesignated former Subsection D as Subsection C; in Subsection C, after "two-thirds of the", deleted "landowners" and added "qualified electors", and after "voting", deleted "on the ballot question".
The 2003 amendment,
effective June 20, 2003, in Subsection A, substituted "Section 73-20-13 NMSA 1978" for "Section 45-5-31 NMSA 1953" near the beginning, substituted "Section 73-20-17 NMSA 1978" for "Section 45-5-34 NMSA 1953" twice; in Subsection B, substituted "Section 73-20-8 NMSA 1978" for "Section 45-5-26 NMSA 1953" following "given pursuant to", substituted "the" for "this" preceding "Watershed District Act"; substituted "Sections 73-20-8 through 73-20-11 NMSA 1978" for "Sections 45-5-26 through 45-5-29 NMSA 1953" in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 67.
94 C.J.S. Waters §§ 322, 323.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-15 - Loans; repayments.

A. In addition to the borrowing of money by the issuance of bonds for the purposes set out in Section 73-20-13 NMSA 1978, the district may borrow money from the United States department of agriculture or any other federal agency if the loan can be repaid according to its terms by use of the levy authorized by Section 73-20-17 NMSA 1978 and the board of supervisors has so determined.
B. The district may also borrow money from the United States department of agriculture or any other federal agency and levy an assessment not to exceed five dollars ($5.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of property subject to taxation by the district, in addition to others authorized by the Watershed District Act, to repay the loan if the board of directors determines the rate of the levy required and:
(1) secures the approval of the board of supervisors;
(2) a referendum on the acceptance of the loan for specified purposes is held;
(3) two-thirds of the landowners voting favor the proposal; and
(4) the procedures of Sections 73-20-8 through 73-20-11 NMSA 1978 as to notice, qualifications of voters and manner of holding referendum election are followed in the referendum held under this section.
History:
1953 Comp., enacted by Laws 1961, ch. 233, § 3; 1975, ch. 294, § 6; 1986, ch. 32, § 37.
ANNOTATIONS
The 1986 amendment,
in Subsection A, substituted "Section 73-20-13 NMSA 1978" for "Paragraph (4) of Subsection A of Section 45-5-31 NMSA 1953" and "Section 73-20-17 NMSA 1978" for "the Watershed District Act" and deleted "five mill" preceding "levy"; in Subsection B, substituted "five dollars ($5.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of property subject to taxation by the district" for "five mills" in the introductory paragraph and, in Paragraph (4), substituted "the procedures of Sections 73-20-8 through 73-20-11 NMSA 1978" for "the procedure of Sections 45-5-26 through 45-5-29 NMSA 1953"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-16 - Per diem and mileage.

Members of the board of directors shall receive no salaries, but the members shall be entitled to be reimbursed in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 45-5-33, enacted by Laws 1957, ch. 210, § 15; 2003, ch. 228, § 7.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-17 - Budgets; tax levy; limitation.

Within the first quarter of each calendar year, the board of directors shall prepare an itemized budget of the funds needed for administration, construction, operation and maintenance of works of improvement. After approval of the budget by the board of supervisors, the board of directors shall, by order or resolution, levy an assessment sufficient to meet the budget, not to exceed five dollars ($5.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon the assessment authorized by this section, on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of all real property subject to taxation within the district, except that the limit on assessments does not apply to any levy necessary to provide a sinking fund for retirement of bonds authorized by Section 73-20-13 NMSA 1978. A copy of the budget and order or resolution shall be certified to the county assessor of the county or counties involved and to the department of finance and administration by July 15 of each year.
History:
1953 Comp., § 45-5-34, enacted by Laws 1957, ch. 210, § 16; 1986, ch. 32, § 38; 2003, ch. 228, § 8.
ANNOTATIONS
Cross references.
— For county assessor,
see
Chapter 4, Article 39 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, inserted "and to the department of finance and administration" near the end.
The 1986 amendment
inserted "tax levy; limitation" in the catchline; substituted the language following "not to exceed" in the second sentence for "five mills per dollar of the assessed value of all real property within the district, except any levy necessary to provide a sinking fund for retirement bonds authorized by Section 13 of this act"; and inserted "by July 15 of each year" at the end of the last sentence.
Officials to agree to pro rata share of district budget where federal, Indian reservation and state lands included.
— Federal, Indian reservation and state lands may be included in a watershed district only if the officials charged with administering such lands specifically agree to the inclusion of the lands in the district. Even if such agreement is obtained, there is yet another agreement that is a prerequisite to such inclusion; it would be necessary that the officials administering the lands in question also agree to put up a pro rata share of the district's budget, based on the value of the lands included in the district, because the assessment is to be uniform throughout the district. This amount may be difficult of computation, since in most counties property exempt from taxation is not carried on the tax rolls. The value of the real property as indicated on the tax rolls is a determining factor in computing the assessment. 1961 Op. Att'y Gen. No. 61-87.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-18 - Assessment lists.

A. The board of directors shall prepare a list of the landowners within the defined boundaries of the watershed district in each county involved showing the number of acres subject to assessment and deliver it to the county assessor of the county involved. The assessor shall indicate the information on the tax rolls.
B. The county assessor shall compute the assessment due the district from each landowner in accordance with the rate fixed by the board of directors and the value of the real property indicated on the tax roll. The computation shall be made on the regular tax bills in the manner as may be directed by regulation of the property tax division of the taxation and revenue department.
History:
1953 Comp., § 45-5-35, enacted by Laws 1957, ch. 210, § 17; 1977, ch. 249, § 28; 2003, ch. 228, § 9.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in Subsection A, inserted "within the defined boundaries of the watershed district" following "of the landowners" and deleted "or counties" following "of the county".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 70.
94 C.J.S. Waters § 334.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-19 - Collection of assessments.

A. The county treasurer shall collect the assessment due the district at the same time and in the same manner in which he collects the state and county ad valorem tax. The county treasurer shall retain a fee for collections of the assessment equal to four percent of the assessment collected or the actual cost, whichever is less.
B. Such assessments shall be subject to the same due and delinquency date, discounts, penalties and interest as are applied to the collection of ad valorem taxes.
History:
1953 Comp., § 45-5-36, enacted by Laws 1957, ch. 210, § 18.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 69.
94 C.J.S. Waters § 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-20 - Expenditures.

Assessment funds collected shall be transferred to and held by the treasurer of the watershed district for the specific purpose for which they have been collected. All expenditures of such funds shall be made by the board of directors upon order of the board, approved by the board of supervisors of the soil and water conservation district or districts involved.
History:
1953 Comp., § 45-5-37, enacted by Laws 1957, ch. 210, § 19; 1973, ch. 332, § 7; 1977, ch. 254, § 51.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-21 - Addition of land.

A. Any one or more owners of land may petition the board of supervisors to have their lands added to a watershed district. The petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved and other information pertinent to the proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so state and shall be signed by twenty-five or more of the landowners in the territory described, if fifty or more such owners are involved, or by a majority if fewer than fifty landowners are involved.
B. Within thirty days after the petition is filed, the board shall cause due notice to be given as provided in Section 73-20-8 NMSA 1978 of a hearing on the petition. All interested parties shall have a right to attend the hearing and be heard. The board shall determine whether the lands described in the petition or any portion of them shall be included in the district. If all the landowners in the territory involved are not petitioners, a referendum shall be held within the territory in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. If it is determined by the qualified electors of the district that the land should be added, this fact shall be certified by the board of supervisors to the county clerk in the county involved. After recording, the certification shall be filed with the New Mexico department of agriculture.
History:
1953 Comp., § 45-5-38, enacted by Laws 1957, ch. 210, § 20; 1973, ch. 332, § 8; 1977, ch. 254, § 52; 1987, ch. 234, § 75; 2003, ch. 228, § 10; 2018, ch. 79, § 165; 2019, ch. 212, § 256.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 165 effective April 3, 2019. Laws 2018, ch. 79, § 165 would have become effective July 1, 2022.
The 2019 amendment,
effective April 3, 2019, provided that a referendum on the question of adding land to a watershed district should be held in accordance with the Local Election Act; after "within the territory", deleted "as provided in Sections 73-20-8 through 73-20-11 NMSA 1978 before making a final determination" and added "in accordance with the provisions of the Local Election Act".
The 2003 amendment,
effective June 20, 2003, substituted "New Mexico department of agriculture" for "forestry division of the energy, minerals and natural resources department" at the end of Subsection B.
The 1987 amendment,
effective July 1, 1987, in Subsection B, in the first sentence substituted "73-20-8 NMSA 1978" for "45-5-26 NMSA 1953", in the fourth sentence substituted "73-20-8 through 73-20-11 NMSA 1978" for "45-5-26 through 45-5-29 NMSA 1953 of the Watershed District Act", in the sixth sentence substituted "the forestry division of the energy, minerals and natural resources department" for "the soil and water conservation division"; and made minor changes in language throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 60.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-22 - Detaching land.

The owner or owners of land who have not been, are not and cannot be benefited by their inclusion in the watershed district and whose lands do not contribute to the district's purposes may petition the board of supervisors to have the lands withdrawn. The petitions shall be filed with the board of supervisors and the board of directors and shall describe the lands and state the reasons why they should be withdrawn. If it is determined by the board of supervisors that the lands shall be withdrawn, the determination shall be certified to the county clerk of each county in which any portion of the lands lie. After recording, the certification shall be filed with the New Mexico department of agriculture.
History:
1953 Comp., § 45-5-39, enacted by Laws 1957, ch. 210, § 21; 1973, ch. 332, § 9; 1975, ch. 294, § 7; 1977, ch. 254, § 53; 1987, ch. 234, § 76; 2003, ch. 228, § 11; 2013, ch. 17, § 1; 2013, ch. 169, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, narrowed the class of owners who may petition to withdraw land by adding the qualification that the owner's land does not contribute to the district's purpose; eliminates the requirements for a hearing; in the first sentence, after "watershed district", added phrase "and whose lands do not contribute to the district's purposes"; and deleted the former third and fourth sentences which provided for a hearing on a petition to withdraw land and notice of hearing.
Laws 2013, ch. 17, § 1 and Laws 2013, ch. 169, § 1, both effective June 14, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 169, § 1.
See
12-1-8 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, substituted "who" for "which" following "owners of land" and substituted "New Mexico department of agriculture" for "forestry division of the energy, minerals and natural resources department" at the end.
The 1987 amendment,
effective July 1, 1987, in the third sentence substituted "73-20-8 NMSA 1978" for "45-5-26 NMSA 1953"; in the fifth sentence substituted "the forestry division of the energy, mineral and natural resources department" for "the soil and water conservation division" at the end; and made minor changes in language throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 60.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-24 - Supervision by courts.

If any supervising soil and water conservation district is discontinued, the district court of the county or counties involved shall serve in the same supervising capacity over the watershed district as the board of supervisors.
History:
1953 Comp., § 45-5-41, enacted by Laws 1957, ch. 210, § 23; 1973, ch. 332, § 11; 1977, ch. 254, § 55.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-25 - Short title.

Sections 73-20-25 through 73-20-48 NMSA 1978 may be cited as the "Soil and Water Conservation District Act".
History:
1953 Comp., § 45-5-42, enacted by Laws 1965, ch. 137, § 1; 1973, ch. 324, § 1; 1977, ch. 254, § 56; 2003, ch. 88, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "73-20-25 through 73-20-48 NMSA 1978" for "45-5-42 through 45-5-64 NMAA 1953, as amended by this and subsequent amendments" near the beginning of the section.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-26 - Legislative determination; purpose of act.

A. Considered and resolved by legislative determination, it is declared that:
(1) the land, waters and other natural resources are the basic physical assets of New Mexico, and their preservation and development are necessary to protect and promote the health and general welfare of the people of the state;
(2) the improper use of land and related natural resources, soil erosion and water loss result in economic waste in New Mexico through the deterioration of the state's natural resources; and
(3) appropriate corrective and conservation practices and programs must be encouraged and executed in New Mexico to conserve and develop beneficially the soil, water and other natural resources of the state.
B. It is declared to be the policy of the legislature and the purpose of the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978] to:
(1) control and prevent soil erosion;
(2) prevent floodwater and sediment damage;
(3) further the conservation, development, beneficial application and proper disposal of water;
(4) promote the use of impounded water for recreation, propagation of fish and wildlife, irrigation and for urban and industrial needs; and
(5) by the application of these measures, conserve and develop the natural resources of the state, provide for flood control, preserve wildlife, protect the tax base and promote the health, safety and general welfare of the people of New Mexico.
History:
1953 Comp., § 45-5-43, enacted by Laws 1965, ch. 137, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 9; 94 C.J.S. Waters § 229.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-28 - Soil and water conservation commission members.

There is created a "soil and water conservation commission" to be composed of seven appointed members and five ex-officio members. The seven appointed members shall be selected by and serve at the pleasure of the governor. Six of the appointed members shall be supervisors and shall be selected and appointed from a panel of three candidates from each region, compiled by the districts of each region and presented by the president of the New Mexico association of conservation districts. One appointed member shall be selected at large and shall be a person interested and active in the conservation or development of natural resources in New Mexico. The five ex-officio members shall serve without vote and shall include:
A. the governor or his designee;
B. the associate director of the cooperative extension service of New Mexico state university or his designee;
C. the associate director of the agricultural experiment station of New Mexico state university or his designee;
D. the state conservationist of the natural resources conservation service of the United States department of agriculture or his designee; and
E. the president of the New Mexico association of conservation districts or his designee.
History:
1953 Comp., § 45-5-45, enacted by Laws 1965, ch. 137, § 4; 1973, ch. 324, § 3; 1977, ch. 254, § 58; 2003, ch. 88, § 3.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in the first paragraph substituted "appointed" for "continuing" in the first sentence, substituted "appointed" for "continuing commission" in the second sentence, substituted "of the appointed" for "continuing committee" following "Six", deleted "district" following "members shall be", substituted "New Mexico" for "state" following "president of the", and deleted "soil and water" following "association of" in the third sentence, substituted "appointed" for "continuing commission" in the fourth sentence, and deleted "commission" following "ex-officio" in the fifth sentence; deleted "state" following "director of the" near the middle of Subsection B; deleted "state" following "director of the" near the middle of Subsection C; substituted "of the natural resources" for "soil" following "conservationist" near the beginning of Subsection D; and, in Subsection E, substituted "New Mexico" for "state" near the beginning, and deleted "soil and water" following "association of" near the middle.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-29 - Selection of commission chairman; quorum; compensation; function.

A. Upon the appointment of seven members by the governor, the commission shall organize and designate a chairman, who shall serve at the pleasure of the commission.
B. In the performance of commission functions, a majority of the appointed members shall constitute a quorum; the concurrence of a quorum majority shall be required to carry or to determine any matter of commission business.
C. Members of the commission shall receive no compensation for their services but shall be entitled to be reimbursed in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 45-5-46, enacted by Laws 1965, ch. 137, § 5; 1977, ch. 254, § 59; 2003, ch. 88, § 4.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in Subsection A deleted "continuing commission" following "seven" near the beginning, and deleted "shall select and" following "majority of the" near the middle; substituted "appointed" for "continuing commission" near the middle of Subsection B; and deleted "for actual expenses incurred" following "to be reimbursed" near the middle of Subsection C.
Determination of quorum.
— The rule generally is to the effect that a quorum is a certain number of the members of a body who are entitled to vote. The determination of the number for a quorum should be made on the basis of the ex-officio membership as well as the regular membership. 1960 Op. Att'y Gen. No. 60-13.
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 20 - Soil and Water and Watershed Conservation Districts › Section 73-20-30 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 73-20-30 NMSA 1978, as enacted by Laws 1977, ch. 254, § 60, relating to creation of the soil and water conservation division and the appointment of a director, effective July 1, 1987. For present comparable provisions,
see
9-5A-3 and 9-5A-7 NMSA 1978.