reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-77 - Remedies of security holders.

Subject to any contractual limitation binding upon the holders of any issue or series of securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:
A. by mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the authority and its board and any of its officers, agents, and employees, and to require and compel the authority or its board or any such officers, agents or employees to perform and carry out its and their duties, obligations or other commitments hereunder and its and their covenants and agreements with the holder of any security;
B. by action or suit in equity to require the authority and its board to account as if they were the trustee of an express trust;
C. by action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any system, or project or services, revenues from which are pledged for the payment of the securities; prescribe sufficient fees derived from the operation thereof; and collect, receive and apply all revenues or other moneys pledged for the payment of the securities in the same manner as the authority itself might do in accordance with the obligations of the authority;
D. by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any security and to bring suit thereupon.
History:
1953 Comp., § 75-38-77, enacted by Laws 1967, ch. 156, § 77.
ANNOTATIONS
Cross references.
— For one form of action known as "civil action,"
see
Rule 1-002 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 485 to 491.
64 C.J.S. Municipal Corporations §§ 1956, 1972.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-78 - Limitations upon liabilities.

Neither the directors nor any person executing securities issued hereunder shall be liable personally on the securities by reason of the issuance thereof. Securities issued pursuant to this act [Chapter 72, Article 17 NMSA 1978] shall not be in any way a debt or liability of the state or of any municipality or other public body and shall not create or constitute any indebtedness, liability or obligation of the state or of any such municipality or other public body, either legal, moral or otherwise, and nothing in this act contained shall be construed to authorize the authority to incur any indebtedness on behalf of or in any way to obligate the state or any municipality or other public body, except the authority and except as herein otherwise expressly stated or necessarily implied.
History:
1953 Comp., § 75-38-78, enacted by Laws 1967, ch. 156, § 78.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Personal liability of public officers to holders of invalid public money obligations, 87 A.L.R. 273.
94 C.J.S. Waters § 331.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-79 - Cancellation of paid securities.

Whenever the treasurer of the authority shall redeem and pay any of the securities issued under the provisions hereof, he shall cancel the same by writing across the face thereof or stamping thereon the word "paid," together with the date of its payment, sign his name thereto, and transmit the same to the secretary of the authority, taking his receipt therefor, which receipt shall be filed in the records of the authority. The secretary shall credit the treasurer on his books for the amount so paid.
History:
1953 Comp., § 75-38-79, enacted by Laws 1967, ch. 156, § 79.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 330.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-80 - Interest after maturity.

No interest shall accrue on any security herein authorized after it becomes due and payable, provided funds for the payment of the principal of and the interest on the security and any prior redemption premium due are available to the paying agent for such payment without default.
History:
1953 Comp., § 75-38-80, enacted by Laws 1967, ch. 156, § 80.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-81 - Refunding bonds.

Any bonds issued hereunder may be refunded, without an election, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, pursuant to a resolution or resolutions to be adopted by the board in the manner herein provided for the issuance of other securities, to refund, pay or discharge all or any part of the authority's outstanding bonds, heretofore or hereafter issued, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs or effecting other economies or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or any project or any combination thereof.
History:
1953 Comp., § 75-38-81, enacted by Laws 1967, ch. 156, § 81.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 261, 262.
64 C.J.S. Municipal Corporations § 1910.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-82 - Method of issuance.

Any bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds authorized to be refunded or may be sold as provided in this act [Chapter 72, Article 17 NMSA 1978] for the sale of other bonds.
History:
1953 Comp., § 75-38-82, enacted by Laws 1967, ch. 156, § 82.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-83 - Limitations upon issuance.

No bonds may be refunded hereunder unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds. Provision shall be made for paying the bonds within said period of time. No maturity of any bonds refunded may be extended over fifteen years, nor may any interest thereon be increased to any rate exceeding six percent per annum. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds refunded so long as provision is duly and sufficiently made for their payment.
History:
1953 Comp., § 75-38-83, enacted by Laws 1967, ch. 156, § 83.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-84 - Use of refunding bond proceeds.

The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow to be applied to the payment of the bonds upon their presentation therefor; provided, however, any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest theron [thereon] and the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine. The escrow shall not necessarily be limited to refunding bond proceeds but may include other moneys made available for said purpose. Any escrowed proceeds pending such use, may be invested or reinvested in federal securities. Such escrowed proceeds and investments, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom, to pay the bonds refunded as they become due at their respective maturities or due at designated prior redemption date or dates upon which the board shall exercise a prior redemption option.
History:
1953 Comp., § 75-38-84, enacted by Laws 1967, ch. 156, § 84.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-85 - Payment of refunding bonds.

Refunding revenue bonds may be made payable from any revenues derived from the operation of the flood control system or any project, notwithstanding the pledge of such revenues for the payment of the outstanding bonds issued by the authority which are to be refunded is thereby modified. Any refunding revenue bonds shall not be made payable from taxes unless the bonds thereby refunded are payable from taxes.
History:
1953 Comp., § 75-38-85, enacted by Laws 1967, ch. 156, § 85.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-86 - Combination of refunding and other bonds.

Bonds for refunding and bonds for any other purpose or purposes herein authorized may be issued separately or issued in combination in one series or more.
History:
1953 Comp., § 75-38-86, enacted by Laws 1967, ch. 156, § 86.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-87 - Supplemental provisions.

Except as in this act [Chapter 72, Article 17 NMSA 1978] specifically provided or necessarily implied, the relevant provisions herein pertaining to bonds generally shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the bond resolution, trust indenture, taxes and service charges, and other aspect [aspects] of the bonds.
History:
1953 Comp., § 75-38-87, enacted by Laws 1967, ch. 156, § 87.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-88 - Board's determination final.

The determination of the board that the limitations hereunder imposed upon the issuance of refunding bonds have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
History:
1953 Comp., § 75-38-88, enacted by Laws 1967, ch. 156, § 88.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-89 - Issuance of interim debentures and pledge of bonds as collateral security.

Notwithstanding any limitation or other provision herein, whenever a majority of the qualified electors of the authority voting on a proposal to issue bonds has authorized the authority to issue bonds for any purpose herein authorized, the authority is authorized to borrow money without any other election in anticipation of taxes, the proceeds of such bonds or any other revenues of the authority, or any combination thereof, and to issue interim debentures to evidence the amount so borrowed. Interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose for which the bonds are so authorized to be issued, plus two years, as the board may determine. Except as otherwise provided in this section and in Sections 72-17-90 and 72-17-91 NMSA 1978, interim debentures shall be issued as provided herein for securities in Sections 72-17-47 through 72-17-80 NMSA 1978. Taxes, other revenues of the authority, including without limiting the generality of the foregoing, proceeds of bonds to be thereafter issued or reissued or bonds issued for the purpose of securing the payment of interim debentures may be pledged for the purpose of securing the payment of the interim debentures. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the board may determine, but in no event exceeding forty years from the date of either any of such bonds or any of such interim debentures, whichever date be the earlier. Any such bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debenture secured by a pledge of such bonds, nor shall they bear interest at any time that, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds six percent per year.
History:
1953 Comp., § 75-38-89, enacted by Laws 1967, ch. 156, § 89; 2018, ch. 79, § 119.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, revised certain statutory references, and made technical changes throughout the section; and after "a majority of the", deleted "taxpaying" and added "qualified", after "and in Sections", deleted "90 and 91 hereof" and added "72-17-90 and 72-17-91 NMSA 1978", after "for securities in Sections", deleted "47 to 80, both inclusive" and added "72-17-47 through 72-17-80 NMSA 1978", and after "six percent per", deleted "annum" and added "year".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-90 - Interim debentures not to be extended.

No interim debenture issued pursuant to the provisions of Section 89 [72-17-89 NMSA 1978] hereof shall be extended or funded except by the issuance or reissuance of a bond or bonds in compliance with Section 91 [72-17-91 NMSA 1978] hereof.
History:
1953 Comp., § 75-38-90, enacted by Laws 1967, ch. 156, § 90.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-91 - Funding.

For the purpose of funding any interim debenture or interim debentures, any bond or bonds pledged as collateral security to secure the payment of such interim debenture or interim debentures may be reissued without an election, and any bonds not previously issued but authorized to be issued at an election for a purpose the same as or encompassing the purpose for which the interim debentures were issued may be issued for such a funding. Any such bonds shall mature at such time or times as the board may determine, but in no event exceeding forty years from the date of either any of the interim debentures so funded or any of the bonds so pledged as collateral security, whichever date be the earlier. Bonds for funding, including but not necessarily limited to any such reissued bonds, and bonds for any other purpose or purposes herein authorized may be issued separately or issued in combination in one series or more. Except as herein otherwise provided in Sections 89 and 90 [72-17-89 and 72-17-90 NMSA 1978] and in this section, any such funding bonds shall be issued as is provided herein for refunding bonds in Sections 81, 82, 84, 85, 87, and 88 [72-17-81, 72-17-82, 72-17-84, 72-17-85, 72-17-87, 72-17-88 NMSA 1978] hereof, and provided herein for securities in Sections 47 to 80 [72-17-47 to 72-17-80 NMSA 1978], both inclusive.
History:
1953 Comp., § 75-38-91, enacted by Laws 1967, ch. 156, § 91.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-92 - Publication of resolution or proceedings.

In its discretion the board may provide for the publication once in full of either any resolution or other proceedings adopted by the board ordering the issuance of any securities or, in the alternative of notice thereof, which resolution, other proceedings or notice so published shall state the fact and date of such adoption and the place where such resolution or other proceedings has been filed for public inspection and also the date of the first publication of such resolution, other proceedings or notice, and also state that any action or proceeding of any kind or nature in any court questioning the validity of the creation and establishment of the authority, or the validity or proper authorization of securities provided for by the resolution or other proceedings, or the validity of any covenants, agreements or contracts provided for by the resolution or other proceedings, shall be commenced within twenty days after the first publication of such resolution, other proceedings or notice.
History:
1953 Comp., § 75-38-92, enacted by Laws 1967, ch. 156, § 92.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 477 to 484.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-93 - Failure to contest legality constitutes bar.

If no such action or proceedings shall be commenced or instituted within twenty days after the first publication of such resolution, other proceedings or notice, then all residents and taxpayers and owners of property in the authority and all public bodies and all other persons whatsoever shall be forever barred and foreclosed from instituting or commencing any action or proceeding in any court or from pleading any defense to any action or proceedings questioning the validity of the creation and establishment of the authority, the validity or proper authorization of such securities, or the validity of any such covenants, agreements or contracts; and said securities, covenants, agreements and contracts shall be conclusively deemed to be valid and binding obligations in accordance with their terms and tenor.
History:
1953 Comp., § 75-38-93, enacted by Laws 1967, ch. 156, § 93.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 500 to 505.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-94 - Confirmation of contract proceedings.

In its discretion the board may file a petition at any time in the district court in and for any county in which the authority is located wholly or in part, praying a judicial examination and determination of any power conferred or of any tax or rates or charges levied or of any act, proceeding or contract of the authority, whether or not said contract shall have been executed, including proposed contracts for the acquisition, improvement, equipment, maintenance, operation or disposal of any project for the authority. Such petition shall set forth the facts whereon the validity of such power, assessment, act, proceeding or contract is founded and shall be verified by the chairman of the board. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as hereinafter provided. Notice of the filing of said petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any contract therein mentioned may be examined. The notice shall be served by publication in at least five consecutive issues of a weekly newspaper of general circulation published in the county in which the principal office of the authority is located, and by posting the same in the office of the authority at least thirty days prior to the date fixed in said notice for the hearing on said petition. Jurisdiction shall be complete after such publication and posting. Any owner of property in the authority or person interested in the contract or proposed contract or in the premises may appear and move to dismiss or answer said petition at any time prior to the date fixed for said hearing or within such further time as may be allowed by the court; and the petition shall be taken as confessed by all persons who fail so to appear.
History:
1953 Comp., § 75-38-94, enacted by Laws 1967, ch. 156, § 94.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-95 - Review and judgment of court.

The petition and notice shall be sufficient to give the court jurisdiction, and upon hearing the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants. Costs may be divided or apportioned among any contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other similar cases, except that such review must be applied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within thirty days. The rules of civil procedure shall govern in matters of pleading and practice where not otherwise specified herein. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties.
History:
1953 Comp., § 75-38-95, enacted by Laws 1967, ch. 156, § 95.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-96 - Purpose of tax exemptions.

The effectuation of the powers herein authorized shall and will be in all respects for the benefit of the people of the state, including but not necessarily limited to those residing in the authority exercising any power hereunder, for the improvement of their health and living conditions and for the increase of their commerce and prosperity.
History:
1953 Comp., § 75-38-96, enacted by Laws 1967, ch. 156, § 96.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-97 - Property exempt from general taxes.

Thus, the authority shall not be required to pay any general ad valorem taxes upon any property appertaining to any project herein authorized and acquired within the state, nor the authority's interest therein.
History:
1953 Comp., § 75-38-97, enacted by Laws 1967, ch. 156, § 97.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-98 - Securities and income therefrom exempt.

Securities issued hereunder and the income therefrom shall forever be and remain free and exempt from taxation by the state, the authority and any other public body, except transfer, inheritance and estate taxes.
History:
1953 Comp., § 75-38-98, enacted by Laws 1967, ch. 156, § 98.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-99 - Freedom from judicial process.

Execution or other judicial process shall not issue against any property herein authorized of the authority, nor shall any judgment against the authority be a charge or lien upon its property.
History:
1953 Comp., § 75-38-99, enacted by Laws 1967, ch. 156, § 99.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-100 - Resort to judicial process.

Section 99 [72-17-99 NMSA 1978] hereof does not apply to or limit the right of the holder of any security, his trustee, or any assignee of all or part of his interest, the federal government when it is a party to any contract with the authority, and any other obligee hereunder to foreclose, otherwise to enforce, and to pursue any remedies for the enforcement of any pledge or lien given by the authority on the proceeds of taxes, service charges or other revenues.
History:
1953 Comp., § 75-38-100, enacted by Laws 1967, ch. 156, § 100.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-101 - Legal investments in securities.

It shall be legal for the state and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the securities authorized to be issued pursuant to the provisions hereof. Such securities shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving any public body or other person of any duty of exercising reasonable care in selecting securities.
History:
1953 Comp., § 75-38-101, enacted by Laws 1967, ch. 156, § 101.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-102 - Civil rights.

The authority damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to reasonable attorneys' fees and costs of court.
History:
1953 Comp., § 75-38-102, enacted by Laws 1967, ch. 156, § 102.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 17 - Las Cruces Metropolitan Arroyo Flood Control › Section 72-17-103 - Liberal construction.

This act [Chapter 72, Article 17 NMSA 1978] being necessary to secure and preserve the public health, safety and general welfare, the rule of strict construction shall have no application hereto, but it shall be liberally construed to effect the purposes and objects for which this act is intended.
History:
1953 Comp., § 75-38-103, enacted by Laws 1967, ch. 156, § 103.
ANNOTATIONS
Severability.
— Laws 1967, ch. 156, § 104, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-1 - Short title.

Chapter 72, Article 18 NMSA 1978 may be cited as the "Flood Control District Act".
History:
Laws 1981, ch. 377, § 1; 2018, ch. 79, § 120.
ANNOTATIONS
Cross references.
— For flood control generally,
see
4-50-1 NMSA 1978 et seq.
The 2018 amendment,
effective July 1, 2018, changed "This act" to "Chapter 72, Article 18 NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 50 Am. Jur. 2d Levees and Flood Control §§ 1, 2, 6.
52A C.J.S. Levees and Flood Control §§ 13 to 26.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-2 - Legislative declaration.

It is hereby declared as a matter of legislative determination that:
A. the organization of the districts authorized to be created pursuant to the Flood Control District Act having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in that act will serve a public use and public purpose and will promote the health, safety, prosperity, security and general welfare of the inhabitants of the districts and of the state;
B. the acquisition, improvement, equipment, maintenance and operation of any project authorized in the Flood Control District Act is in the public interest and constitutes a part of the established and permanent policy of the state; and
C. any district authorized by the Flood Control District Act to be organized shall be a political subdivision of the state.
History:
Laws 1981, ch. 377, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-4 - Organization of district; jurisdiction.

The district court for any county in the state may establish districts which may be entirely within or partly within and partly without the county in which the court is located; provided, any parts or parcel of the district lying in two or more counties shall be contiguous with one another.
History:
Laws 1981, ch. 377, § 4.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-5 - Petition.

A. The organization of a district shall be initiated by a petition filed in the office of the clerk of the district court in a county in which all or a part of the real property in the proposed district is located. The petition shall be signed by qualified electors of the proposed district numbering not less than ten percent of those voting in the preceding general election in the state in voting precincts partially or wholly included in the area of the proposed district. The petition and all other instruments relating to the formation of the district shall be filed with the county clerk of the county in which there is the court that accepted the petition. Any municipality or county in which all or a portion of the proposed district is located may, upon proper action of its governing body alone, file the petition required by this section.
B. The petition shall set forth:
(1) the name of the proposed district, consisting of a chosen name preceding the words "flood control district";
(2) a general description of the facilities to be acquired or improved within and for the district;
(3) a general description of the boundaries of the district, with such certainty as to enable a property owner to determine whether the owner's property is within the proposed district; and
(4) a prayer for the organization of the district.
C. No petition with the requisite number of valid signatures shall be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All petitions filed before the hearing on the first petition filed shall be considered by the court the same as though filed with the first petition.
History:
Laws 1981, ch. 377, § 5; 2019, ch. 212, § 239.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019; in Subsection A, after "qualified", deleted "registered".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-6 - Bond of petitioners.

At the time of filing the petition, or at any later time before the time of the hearing on the petition, a bond shall be filed with security approved by the court sufficient to pay all the expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the proceeding the court is satisfied that the bond first executed is not sufficient, it may require the execution of an additional bond within a time to be fixed, which shall not be less than ten days from the date of the order. Upon failure of the petitioners to execute the additional bond, the petition shall be dismissed.
History:
Laws 1981, ch. 377, § 6.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-7 - Notice of hearing on petition.

A. Immediately after the filing of the petition, the court shall by order fix a place and time for hearing not less than sixty days after the petition is filed, and the clerk of the court shall cause notice by publication to be made of the pendency of the petition and of the time and place of the hearing.
B. The notice shall state:
(1) in what court the petition is filed;
(2) a general description of the facilities to be acquired or improved within and for the district;
(3) a general description of the boundaries of the proposed district, with such certainty as to enable a property owner to determine whether or not his property is within the proposed district;
(4) the name proposed for the district; and
(5) the time and place fixed by the court for the hearing on the petition.
History:
Laws 1981, ch. 377, § 7.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-8 - Hearing.

A. Upon the hearing, if the court finds that no petition has been signed and presented in conformity with the Flood Control District Act or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in the proportion as it deems just and equitable.
B. Upon the hearing, if it appears that a valid petition for the organization of the district has been signed and presented in conformity with the requirements of the Flood Control District Act and that the allegations of the petition are true, the court shall order that the question of the organization of the district be submitted to the qualified electors of the proposed district at an election to be held for that purpose pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
Laws 1981, ch. 377, § 8; 2019, ch. 212, § 240.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, required that an election on the question of the organization of a district be held pursuant to the Local Election Act; in Subsection B, after "held for that purpose.", deleted "The order shall designate one or more polling places within the district and for each polling place so designated shall appoint three qualified registered electors of the district as judges of the election and two qualified registered electors of the district as clerks of the election. The order shall also designate the clerk of the court or a qualified registered elector of the proposed district to receive applications for and to disburse and collect absentee ballots" and added "pursuant to the provisions of the Local Election Act".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-9 - Nominations for initial board.

A nomination for director may be made by petition signed by not less than five qualified electors and filed with the district court having jurisdiction not less than ninety days before the date of the organizational election. Any petition so filed shall designate the name of each nominee and shall state that the petitioners and the nominee or nominees designated in the petition are qualified electors of the proposed district. No qualified elector shall nominate more than one person for director. The name of each nominee so designated shall appear on the organizational ballot.
History:
Laws 1981, ch. 377, § 9; 2019, ch. 212, § 241.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, changed the timing for filing a petition nominating a director, and made certain technical amendments; after "not less than", deleted "twenty-five" and added "ninety", and deleted "registered" after each occurrence of "qualified" throughout the section.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-10 - Organizational election.

A. At the election, the qualified electors may vote for or against the organization of the district and for up to five qualified electors of the district who shall constitute the board of directors of the district.
B. If a majority of the votes cast at the election are in favor of the organization, the district court shall declare the district organized and give it a corporate name by which in all proceedings it shall thereafter be known and shall designate the first board of directors elected, and thereupon the district shall be a political subdivision of the state. The certificate shall be conclusively presumed correct as to the facts stated therein.
History:
Laws 1981, ch. 377, § 10; 2019, ch. 212, § 242.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the election procedures for an election on the organization of a flood control district; deleted former Subsection A and redesignated former Subsection B as Subsection A; in Subsection A, after each occurrence of "qualified", deleted "registered"; deleted Subsection C and added new subsection designation "B.".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-11 - Filing decree.

Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall file the certificate in the same manner as articles of incorporation are required to be filed under the general laws concerning corporations.
History:
Laws 1981, ch. 377, § 11.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-12 - Board of directors; qualification; bond.

Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of the court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed one thousand dollars ($1,000) each, the form to be fixed and approved by the court and conditioned for the faithful performance of their duties as directors.
History:
Laws 1981, ch. 377, § 12.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-13 - Organization of board; initial terms of directors.

A. After taking oath and filing bonds, the board shall choose one of its members as chair of the board and shall choose a secretary and a treasurer of the board and of the district. The secretary and treasurer may be one person.
B. The terms of the members of the initial board of directors shall be determined by lot at their organizational meeting. Two members shall serve an initial term of two years following organization of the district, two members shall serve an initial term of four years following organization of the district and one member shall serve an initial term of six years following organization of the district.
History:
Laws 1981, ch. 377, § 13; 2018, ch. 79, § 121.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided the length of terms for members of the Flood Control District board, and made technical and conforming changes; in Subsection B, after "Two members shall serve", deleted "until January 1 following the first general election in the state" and added "an initial term of two years", after "two members shall serve", deleted "until January 1 following the second general election in the state" and added "an initial term of four years", and after "one member shall serve", deleted "until January 1 following the third general election in the state" and added "an initial term of six years".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-14 - Election of directors.

Flood control district elections shall be held pursuant to the Local Election Act. At each local election after organization of the district, there shall be elected by the qualified electors of the district one or two members of the board to serve for a term of six years. Except for the initial board of directors and except for any director chosen to fill an unexpired term, the term of each director runs for six years. Each director shall serve until a successor has been duly chosen and qualified.
History:
Laws 1981, ch. 377, § 14; 2018, ch. 79, § 122; 2019, ch. 212, § 243.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, after "qualified", deleted "registered".
The 2018 amendment,
effective July 1, 2018, provided that Flood Control District elections shall be held pursuant to the Local Election Act, and made technical and conforming changes; in the section heading, deleted "nominations", deleted subsection designation "A." and added "Flood control district elections shall be held pursuant to the Local Election Act.", after "the term of each director", deleted "commences on January 1 following the general election in the state and", and after "runs for six years", deleted "Each director, subject to such exceptions, shall serve a six-year term ending on January 1 next following a general election."; and deleted former Subsection B.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-15 - Vacancies on the board.

Any vacancy on the board shall be filled by appointment by a majority of the remaining members of the board. The appointee shall serve until the next local election pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978] when the vacancy shall be filled by election. If the board fails to fill any vacancy within thirty days after it occurs, the court declaring the organization of the district shall fill the vacancy.
History:
Laws 1981, ch. 377, § 15; 2018, ch. 79, § 123.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that vacancies on the Flood Control District board shall be filled pursuant to the provisions of the Local Election Act; replaced "general" and added "local" preceding "election", and added "pursuant to the Local Election Act".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-16 - Meetings of board.

All meetings of the board shall be held within the district. No business of the board shall be transacted except at a regular or special meeting at which at least three directors are present. Any action of the board requires the affirmative vote of a majority of the directors present and voting.
History:
Laws 1981, ch. 377, § 16.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-17 - Compensation of directors.

Directors shall receive no compensation for their services as a director, officer, engineer, attorney, employee or other agent of the district. Directors may be reimbursed for expenses incurred by them on district business with approval of the board.
History:
Laws 1981, ch. 377, § 17.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-18 - Interest in contracts and property disqualifications.

No director or officer, employee or agent of the district may be interested in any contract or transaction with the district except in his official representative capacity and except for any contract of employment with the district.
History:
Laws 1981, ch. 377, § 18.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-19 - Board's administrative powers.

The board of the district may exercise the following administrative powers:
A. fix the time and place at which its regular meetings will be held within the district and provide for the calling and holding of special meetings;
B. adopt and amend or otherwise modify bylaws and rules for procedure;
C. prescribe by resolution a system of business administration and create all necessary offices and establish and reestablish the powers, duties and compensation of all officers and employees;
D. require and fix the amount of all official bonds necessary or desirable and convenient in the opinion of the board for the protection of the funds and property of the district, subject to the provisions of Section 12 [72-18-12 NMSA 1978] of the Flood Control District Act;
E. prescribe a method of auditing and allowing or rejecting claims and demands; and
F. make and pass resolutions and orders on behalf of the district pursuant to the provisions of the Flood Control District Act which are necessary or useful for the government and management of the affairs of the district, for the execution of the powers vested in the district and for carrying into effect the provisions of that act.
History:
Laws 1981, ch. 377, § 19.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-21 - Levy and collection of taxes.

To levy and collect property taxes as provided in Section 20 [72-18-20 NMSA 1978] of the Flood Control District Act, the board shall determine each year the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district. The board shall fix a rate of levy, which, when levied upon every dollar of assessed valuation of taxable property within the district, together with other revenues, shall raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of acquiring, improving, equipping, operating and maintaining any project or facility of the district, and promptly to pay in full, when due, all interest on and principal of bonds and other securities of the district. This tax shall be assessed and collected in the same manner, at the same time and with the same penalties as other property taxes.
History:
Laws 1981, ch. 377, § 21.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Levees and Flood Control §§ 28 to 39.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-22 - Reserve fund.

It shall be lawful for the board to assess benefit assessments and to collect revenue for the purpose of creating a reserve fund in such amount as the board may determine which may be used to meet the obligations of the district, for maintenance and operating charges and to provide improvements for the district.
History:
Laws 1981, ch. 377, § 22.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 18 - Flood Control Districts › Section 72-18-23 - Delinquent taxes.

If the property tax is not paid, then delinquent real property shall be sold at the regular tax sale for the payment of the tax, interest and penalties in the manner provided by law for selling property for the nonpayment of general taxes. The board may purchase in the name of the district any property which may be sold for delinquent taxes within the boundaries of the district and the board may take title to the lands in the name of the district and sell and convey the lands at a price not less than the tax, penalties and interest accrued thereon. Delinquent personal property shall be distrained and sold as provided by law.
History:
Laws 1981, ch. 377, § 23.