reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-53 - [Canvass of vote; declaration of dissolution; filing.]

The votes cast at such election shall be canvassed at the time and in the manner prescribed by this act [73-8-1 to 73-8-60 NMSA 1978] as applied to other elections herein mentioned; and if by such canvass it shall appear that a majority of the ballots cast at such election was in favor of dissolution, then it shall be the duty of the board of directors to declare the district to be disorganized; and the board shall certify to the county clerk [clerks] of the respective counties in which the district is situated, the number of signatures to the petition, the date when the election was held, the number of votes cast for and against the proposition and the result of the canvass as declared by the board; which certificate shall be signed by the president and secretary of the board, and authenticated by the seal of the district. Such certificate shall be recorded by the county clerks of the respective counties above mentioned.
Should it appear as the result of such canvass that a majority of the votes cast at such election were against dissolution, then the board of directors shall declare the proposition lost, and shall cause the result as thus ascertained and declared, and the vote cast, to be made a part of the records of the district.
History:
Laws 1917, ch. 22, § 53; C.S. 1929, § 40-253; 1941 Comp., § 77-2053; 1953 Comp., § 75-21-53.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For canvass of returns,
see
73-8-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-54 - [Special actions for validation of proceedings of board.]

The board of directors of any drainage district organized under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] shall commence special proceedings in and by which the proceedings of such board, and of any such district, providing for the authorization of contract with the United States, with or without the deposit of bonds, may be judicially examined, approved and confirmed.
Such proceedings shall be brought within sixty days after the adoption of resolution by the board declaring that the bond election or election for the authorization of contract with the United States has been favorably voted upon by the electorate of the district.
The board may, however, in its discretion, institute an action prior to the time specified, whereby the validity of the organization of the district or of any steps leading to the issuance of bonds or to the making of contract as aforesaid, may be separately judicially examined, approved and confirmed.
Within sixty days after the ascertainment of the rate or percentage of drainage benefits, and the award for damages inflicted by drainage works, as in this act provided, the board shall bring a similar special proceeding whereby such assessment and award may be judicially examined, approved and confirmed.
In the event of the inclusion by any drainage district of additional lands, or the exclusion of lands previously within the boundaries of any such district, the board of directors may, if it shall be deemed advisable so to do, institute a special proceeding in like manner and with like effect as herein provided for the confirmation of bonds, whereby the proceedings for such change of boundaries may be judicially examined, approved and confirmed.
History:
Laws 1917, ch. 22, § 54; C.S. 1929, § 40-254; 1941 Comp., § 77-2054; 1953 Comp., § 75-21-54.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-55 - [Petition for validation of board proceedings; contents.]

The board of directors of the drainage district shall file in the district court of the county in which the lands of the district, or some portion thereof, are situated, a petition in effect praying that the proceedings aforesaid may be examined, approved and confirmed by the court. Such petition shall set forth the proceedings had for the issuance and deposit of bonds or for the authorization of contract with the United States, or for the determination of the rate of drainage benefits thereunder or for the ascertainment and assessment of damage to district lands under drainage works, as the case may be, shall allege generally that the drainage district was duly organized, and its first board of directors duly elected, but need not set forth facts showing such organization or election of the first board of directors.
History:
Laws 1917, ch. 22, § 55; C.S. 1929, § 40-255; 1941 Comp., § 77-2055; 1953 Comp., § 75-21-55.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-56 - [Hearing on petition for validation of board proceedings.]

The court shall fix the time for hearing upon said petition, shall order the clerk of the court to publish notice of the filing of such petition, which shall be published for the time and in the manner hereinbefore provided with reference to all notices required to be published under this act [73-8-1 to 73-8-60 NMSA 1978]. The notice shall designate the time and place fixed for hearing upon the petition, shall embody the substance of the prayer of the petition and shall notify any and all persons interested in the organization of the district, or in the proceedings for the issuance or deposit of the bonds or in any such other proceedings as may be in question on or before the date fixed for such hearing, to appear, demur or answer the petition. Such petition may be referred to and described in the notice as "The petition of the Board of Directors of . . . . . . . . . Drainage District" (giving its name), praying that the proceedings for the issuance and deposit of bonds of the district, or for the authorization of contract with the United States, or for the determination of the rate of drainage benefits under contract with the United States or for the ascertainment and assessment of damages to district lands under drainage works, as the case may be, may be examined, approved and confirmed by the court.
History:
Laws 1917, ch. 22, § 56; C.S. 1929, § 40-256; 1941 Comp., § 77-2056; 1953 Comp., § 75-21-56.
ANNOTATIONS
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For time and manner of publication of notices,
see
73-8-2 and 73-8-3 NMSA 1978.
For demurrers, pleas and exceptions for insufficiency of a pleading not to be used,
see
Rule 1-007(C) NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-57 - [Demurrers and answers to petition for validation of board proceedings.]

Any person interested in the drainage district or in the issue or deposit of such bonds, or in such other proceedings as may be in issue as herein provided, may demur to or answer the petition. The provisions of Chapter LXXXVIII of the New Mexico Statutes Annotated, Codification of 1915, respecting demurrer or answer to a verified complaint, shall be applicable to such proceeding. Any person so demurring or answering the petition shall be deemed a defendant to such special proceedings, and the board of directors shall be deemed to be the plaintiff.
Every material allegation of the petition not specifically controverted by answer, shall, for the purpose of such special proceeding, be taken as true; and each person failing to appear, demur or answer the petition shall be deemed to admit as true all the material allegations of the petition.
The rules of pleading and practice relating to appeals and writs of error as provided by the aforesaid Chapter LXXXVIII which are not inconsistent with the provisions of this act [73-8-1 to 73-8-60 NMSA 1978], shall be applicable to the special proceedings herein provided for. Provided, appeals to the supreme court of the state, involving special proceedings herein mentioned, shall be taken within thirty days, and shall be perfected within sixty days after the granting of any such appeal.
History:
Laws 1917, ch. 22, § 57; C.S. 1929, § 40-257; 1941 Comp., § 77-2057; 1953 Comp., § 75-21-57.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The provisions of Code 1915, ch. 88, referred to in this section, refer to §§ 4067 to 4529 of the Code of 1915 relative to procedure in the district court. Many of these sections were superseded by the Rules of Civil Procedure for the district courts.
See
38-1-1 NMSA 1978 and annotations. For current sections of Chapter 88 of the Code of 1915
see
the parallel table for the Code of 1915 to the NMSA 1978 in the Table of Corresponding Code Sections in the last volume of this compilation.
See
Rule 1-001 NMRA et seq. and Rule 23-101 NMRA et seq.
The words "this act" in this section refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
—
See
Rule 12-601 to 12-608 NMRA for rules of the Supreme Court involving appeals of special proceedings.
For demurrers, pleas and exceptions for insufficiency of a pleading not to be used,
see
Rule 1-007(C) NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-58 - [Consideration and judgment on petition to validate board proceedings.]

Upon the hearing of such special proceedings the court shall find and determine whether the notice of the filing of the petition has been duly given and published as required by this act [73-8-1 to 73-8-60 NMSA 1978], and shall have power and jurisdiction to examine into and determine the legality and validity of, and to approve and confirm each and all of the proceedings for the organization of any such district under the provisions of this act from and including petition for the organization of the district, and all other proceedings which may affect the legality or validity of the aforesaid bonds, or the order for the issuance and deposit thereof, and all of the proceedings, if any, as the case may be, for the authorization of the contract with the United States, and the validity of the determination of the rate of drainage benefits which shall have been made under any such contract with the United States, and of all proceedings for the ascertainment, and assessment of damages to district lands under drainage works.
In inquiring into the regularity, legality or correctness of any such proceedings, the court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties to any such special proceedings; and the court may by decree approve and confirm such proceeding [proceedings] in part, and disapprove and declare illegal or invalid other portions of any such proceedings.
The cost of any such special proceedings shall be allowed and apportioned between the parties in the discretion of the court.
When finally made and entered the judgment in any such special proceedings shall be res judicata in all cases arising in connection with the organization of the district and the collection of taxes for payment of the principal and interest of bonds, or for payment of monies required by any contract with the United States or for the payment of any indebtedness or obligation incurred under or authorized by the provisions of this act.
Provided, however, that a reopening of the judgment upon the rate of drainage benefits may be had at the petition of the board of directors.
History:
Laws 1917, ch. 22, § 58; C.S. 1929, § 40-258; 1941 Comp., § 77-2058; 1953 Comp., § 75-21-58.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-59 - ["District" defined.]

The word "district" as used in this act [73-8-1 to 73-8-60 NMSA 1978] shall be held to mean and include only the lands described in the official order establishing any drainage district, and the official plat thereof of record in the office of the county clerk as by this act hereinbefore provided and such other lands as may be subsequently included in any such district in accordance with the provisions of this act.
History:
Laws 1917, ch. 22, § 59; C.S. 1929, § 40-259; 1941 Comp., § 77-2059; 1953 Comp., § 75-21-59.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" irefers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For recordation of official plat in office of county clerk,
see
73-8-12, 73-8-41 and 73-8-50 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-60 - [Construction.]

Nothing in this act [73-8-1 to 73-8-60 NMSA 1978] shall be construed as affecting or interfering with the general right of appeal and the rules of practice and procedure relative thereto under existing laws, except as herein specifically limited; and nothing herein contained shall be construed to amend, expressly or by any implication, existing district drainage laws of the state, nor to enlarge or restrict any of the powers of districts organized under such laws, nor to affect any districts organized, or to be organized, under other district drainage laws of the state.
History:
Laws 1917, ch. 22, § 60; C.S. 1929, § 40-260; 1941 Comp., § 77-2060; 1953 Comp., § 75-21-60.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For general drainage district laws,
see
Chapter 73, Articles 6 and 7 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-2 - [Voting power of water users under town or village community ditches.]

Nothing in this act shall be construed to in any manner affect the rights of water users under community ditches in towns or villages in this state as to their voting power in determining whether any such ditch shall be included in an irrigation district, and each of said water users shall have the same right and voice in determining such question and in the signing of the statement provided for in the preceding section [73-9-1 NMSA 1978] as he has in the control and management of such ditch.
History:
Laws 1919, ch. 41, § 2; C.S. 1929, § 73-202; 1941 Comp., § 77-2102; 1953 Comp., § 75-22-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 58 to 61.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-6 - [Determining and declaring results of election; effect; including district's lands in another district; officers holdover; change of divisions, voting precincts and polling places.]

The said board of county commissioners shall meet on the second Monday next after such election and canvass the votes cast thereat; and if it appears upon such canvass that at least two-thirds of the qualified electors voting at said election have voted "Irrigation District - Yes," the said board shall, by order duly entered upon the records, declare such territory duly organized as an irrigation district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for director to be duly elected to such office. Said board shall cause a copy of such order, including a plat of said district, duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands are situated, and no board of county commissioners of any county including any portion of such district shall, after the date of organization of such district, allow another district to be formed including any of the lands of such district, without the consent of the board of directors thereof; and from and after the date of such filing the organization of such district shall be complete and the officers thereof shall immediately enter upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices, respectively, until their successors are elected and qualified. The boundaries of said divisions and the voting precincts and polling places in any such district may, after such first election, be changed by order of the board of directors of the district: provided that the polling places shall be designated in the notice published for every election in the district.
History:
Laws 1919, ch. 41, § 6; C.S. 1929, § 73-206; 1941 Comp., § 77-2106; 1953 Comp., § 75-22-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-7 - First election; terms.

At its first meeting within ten days after the election, the initial board shall determine by lot from its membership one member to serve for a term expiring on the next first Tuesday after the first Monday in December, and one member whose term expires on the same day for each of the succeeding two years, so that the term of one director will expire each year.
History:
1953 Comp., § 75-22-6.1, enacted by Laws 1965, ch. 271, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-8 - Second and subsequent elections.

The regular election of the district shall be held on the first Tuesday after the first Monday in December in each year thereafter, at which one director shall be elected for a term of three years. The person receiving the highest number of votes is elected thereto. Within ten days after receiving his certificate of election, the director shall take and subscribe the official oath and file it in the office of the county clerk of the county where the organization was effected, and thereupon immediately assume the duties of office. Each member of the board of directors shall execute an official bond in the sum of three thousand dollars ($3,000) which shall be approved by the chairman of the board of county commissioners and recorded in the office of the county clerk. All official bonds shall be in the form prescribed by law for county officials, except that the obligee named in the bond shall be the district. The premiums upon the bonds and any bonds required from any other officer of the district shall be paid by the district.
History:
Laws 1919, ch. 41, § 7; C.S. 1929, § 73-207; 1941 Comp., § 77-2107; 1953 Comp., § 75-22-7; Laws 1965, ch. 271, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-9 - Irrigation districts; transitional features for present boards.

Immediately following the next election following the effective date of this section, each board of directors shall determine by lot from its membership one member to serve for a term expiring on the first Tuesday after the first Monday in December of the following year, and one member whose term expires on the same day for each of the succeeding two years, so that the term of one director will expire each year.
History:
1953 Comp., § 75-22-7.1, enacted by Laws 1965, ch. 271, § 3.
ANNOTATIONS
Effective dates.
— Laws 1965, ch. 271, contained no effective date provision, but was enacted at a session which adjourned on March 20, 1965.
See
N.M. Const., art. IV, § 23.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-10 - [Location of office; secretary; notice of elections; election board.]

The office of the board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this act, subsequent to the organization of the district, the secretary who shall be appointed by the board of directors shall cause notice, specifying the polling places of each precinct, to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the time for posting the notices, said board must appoint from each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at the hour may appoint the board or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the hour and the place in the precinct where the election must be held.
History:
Laws 1919, ch. 41, § 8; C.S. 1929, § 73-208; 1941 Comp., § 77-2108; 1953 Comp., § 75-22-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Cross references.
— For location of office,
see
73-13-1, 73-13-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-11 - [Election board; chairman's powers; opening and closing polls; return.]

One of the judges shall be chairman of the election board and may: first - administer all oaths required in the progress of any election; second - appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify the oaths required to be administered during the progress of an election. Before opening the polls, each member of the board must take and subscribe an oath to faithfully perform the duties imposed upon him by law. An elector of the precinct may administer and certify such oath. The polls must be opened at eight o'clock in the morning of election and be kept open until six o'clock p.m. of the same day. It shall be the duty of the clerk of the board of election to forthwith deliver the return duly certified to the board of directors of the district.
History:
Laws 1919, ch. 41, § 9; C.S. 1929, § 73-209; 1941 Comp., § 77-2109; 1953 Comp., § 75-22-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-12 - [Determining and declaring result of election; plurality elects.]

No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. If at the time of meeting the returns from each precinct in the district in which the polls were open have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and counting the votes cast for each person voted for, or as to each question voted upon, and declaring the results thereof. The board shall declare elected the person receiving the highest number of votes so returned for each office and also declare the result as to any question submitted.
History:
Laws 1919, ch. 41, § 10; C.S. 1929, § 73-210; 1941 Comp., § 77-2110; 1953 Comp., § 75-22-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For special election to authorize bonds,
see
73-9-17 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-13 - [Election statement and certificates; filling vacancy in office of director.]

The secretary of the board of directors must, as soon as the result of any election held under the provisions of this act is declared, enter in the records of such board and file with the county clerk of the county in which the office of said district is located, a statement of such result, which statement must show: first, a copy of the publication notice of said election; second, the names of the judges of said election; third, the whole number of votes cast in the district and in each precinct of the district; fourth, the names of the persons voted for; fifth, the number of votes cast in the district for each of such persons; sixth, the names of the persons declared elected; seventh, the result declared on any question submitted, in accordance with the majority of the votes cast for or against such question. The secretary must immediately make out and deliver to the person elected a certificate of election, signed by him and authenticated with the seal of the board. In case of a vacancy in the board of directors by death, removal or inability from any cause to properly discharge the duties as such director, the vacancy shall be filled by appointment by the remaining members of the board, and upon their failure or inability to act within thirty days after such vacancy occurs, then upon petition of five electors of said district the board of county commissioners of the county where the office of said board of directors is situate, shall fill such vacancy or vacancies. Any director appointed as above provided shall hold his office until the next general election of said district, and until his successor is elected and qualified.
History:
Laws 1919, ch. 41, § 11; C.S. 1929, § 73-211; 1941 Comp., § 77-2111; 1953 Comp., § 75-22-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-15 - [Meetings of directors; quorum; concurrence; records; entry on lands; acquisition of property; tax exemption.]

The board of directors shall hold a regular quarterly meeting in their office on the first Tuesday in January, April, July and October of each year and such special meetings as may be required for the proper transaction of business. All special meetings shall be called by the president of the board, or any two directors. All meetings of the board must be made public, and two members shall constitute a quorum for the transaction of business; and on all questions requiring a vote there shall be a concurrence of at least two members of said board. All records of the board must be open to the inspection of any elector during business hours. The board, its agents and employees, shall have the right to enter upon any land in the district to make surveys and to locate and construct any canal or canals and the necessary laterals. Said board shall also have the right to acquire all lands, water rights, franchises and other property necessary for the construction, use, maintenance, repair and improvement of its canals, ditches, reservoirs and waterworks; and shall also have the right by purchase or condemnation to acquire rights-of-way for the construction or enlargement of any of its ditches, canals or reservoirs, also lands for reservoir sites.
The title to all property acquired under the provisions of this act shall immediately and by operation of law vest in such irrigation district, in its corporate name, and such property shall be held for the uses and purposes set forth in this act, and shall be exempt from all taxation.
History:
Laws 1919, ch. 41, § 13; C.S. 1929, § 73-213; 1941 Comp., § 77-2113; 1953 Comp., § 75-22-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Director's acts not voided by informality.
— Where all members of the board of directors of an irrigation district are present at a meeting, the acts done are not void although the meeting was not formally "called."
Davy v. McNeill
, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 57, 70 to 72.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-16 - [Acquisition of property; suits; judicial notice and presumption of organization; certified copies as evidence.]

The said board is hereby authorized and empowered to take conveyances or contracts for all property or rights acquired by it under the provisions of this act in the name of such irrigation district to and for the purposes herein expressed, and to institute and maintain any and all actions, proceedings and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any or all rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits or proceedings the said board may sue, appear and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits and proceedings in any court of this state of the organization and existence of any irrigation district in this state now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in Section 6 [73-9-6 NMSA 1978] of this act; and a certified copy of said order shall be prima facie evidence in all actions, suits and proceedings in any court in this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth; and any such irrigation district, in regard to which any such order has been heretofore or may hereafter be entered, and such certified copy thereof so filed for record, and which has exercised or shall exercise rights and powers of such district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the formation or organization whereof shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, established and existing irrigation district within the meaning of this act, and its due and lawful formation and organization shall not thereafter be questioned in any action, suit or proceeding whether brought under the provisions of this act or otherwise.
History:
Laws 1919, ch. 41, § 14; C.S. 1929, § 73-214; 1941 Comp., § 77-2114; 1953 Comp., § 75-22-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 41 to 43.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-19 - Bonds; how paid; liens.

Any and all bonds issued under the provisions of this act, and the interest coupons attached thereto, shall be paid by revenue derived from an annual ad valorem assessment and levy upon all of the real property within the district, which real property shall be and remain liable to be assessed for the payment of such bonds until such bonds, both principal and interest, are fully paid, and said assessment shall be made, levied and collected in the same manner as are general county and state taxes. Said bonds, interest coupons and the assessments made for their payment shall be and remain a perpetual lien upon all of the real property located within said district until said bonds and all interest coupons thereto appurtenant have been paid in full. The sale of any land within the district for general or other taxes [shall] in no manner divest said real property so sold of the lien of said bonds, interest coupons and assessments.
History:
Laws 1919, ch. 41, § 17; C.S. 1929, § 73-217; Laws 1934 (S.S.), ch. 8, § 3; 1935, ch. 36, § 3; 1941 Comp., § 77-2117; 1953 Comp., § 75-22-17.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-20 - Special proceedings to enforce collection.

In the event of any default in the payment of the interest upon or principal of any bonds issued, and if the said district or its proper officers shall fail or neglect to enforce payment of any unpaid assessment, the holder of any one of said bonds may, for himself and for the benefit of all others similarly situated, enforce the said liens and collect the assessments by suit or action against the land or lands, property or properties on which such assessment has not been paid, and against said district; or may apply for the appointment of a receiver to collect the assessment and enforce the liens aforesaid; and the proceeds of such assessments and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by said board, which are then due and payable; and the said receiver may be directed by suit to foreclose the lien of said assessments on said property. The suits so brought by any bondholder or receiver shall be conducted in all matters as suits for the collection of debts and foreclosure of liens under mortgages and trust deeds, and the decree in such suits and the deeds issued pursuant thereto shall have the same presumption in their favor: provided, however, that when all such sums have been paid, the receiver shall be discharged, and the affairs of the district conducted by the board as hereinbefore provided.
In any special proceeding commenced under the provisions of this section, the district, and all land and all property or properties on which assessments have not been paid, may be made joint defendants, but separate judgments shall be entered and enforced.
History:
C.S. 1929, § 73-217a, enacted by Laws 1934 (S.S.), ch. 8, § 4; 1941 Comp., § 77-2118; 1953 Comp., § 75-22-18.
ANNOTATIONS
Irrigation district not state agency.
— Nowhere in this section is there any provision that such an irrigation district is a state agency, and there is no contention that it is an agency of the United States, although it is organized to operate under and cooperate with the United States in one of its reclamation projects.
Hooker v. Village of Hatch
, 1959-NMSC-066, 66 N.M. 184, 344 P.2d 699.
Village cannot sell gas to district.
— The village of Hatch may not sell gas to an irrigation district more than five miles from the village boundary, and it necessarily follows that the village also may not sell gas to an improvement district organized under the authority of the irrigation district.
Hooker v. Village of Hatch
, 1959-NMSC-066, 66 N.M. 184, 344 P.2d 699.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-21 - President and secretary to compile bond statement.

Upon the execution, issuance and delivery of such bonds, the president and secretary of the board of directors of any such irrigation district shall, forthwith, compile a statement in detail showing the amount of such issue, the rate of interest, the respective dates of maturity and interest payment dates; and if registered, the name or names of the registered owner or owners of said bonds, certifying to the same under their hands and the official seal of the district. Said certified statement shall thereupon be delivered to the county assessor of the county where such district is located, and if such district be located in more than one county, to the county assessor of each county where any part thereof is located. Thereafter it shall be the duty of said county assessor or county assessors, as and when they prepare the assessment rolls for each succeeding year thereafter, to include an ad valorem tax upon all of the real estate located within said irrigation district, in his county, in an amount sufficient to pay and retire the interest coupons and principal of said bonds, as and when they mature, according to the schedule so furnished by the president and secretary of said district, and it shall further be the duty of the board of county commissioners of said county or counties, as and when it makes it [its] levy for state and county taxes for each succeeding year, to make a levy upon all of the real estate within said district and in their respective counties, upon an ad valorem basis, in an amount sufficient to pay and retire the interest coupons and principal of said bonds, as and when they mature, said assessments and levies to be made in the same manner as taxes for general county and state purposes are levied, as provided by law; it being the intention hereby to place the duty and responsibility of making such assessment and levy upon said district lands for bond and coupon retirement requirements upon the county assessor and county commissioners, after the certified lists of bonds issued have been furnished by the president and secretary, as herein required.
History:
C.S. 1929, § 73-217b, enacted by Laws 1934 (S.S.), ch. 8, § 5; 1941 Comp., § 77-2119; 1953 Comp., § 75-22-19.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-22 - Directors certify amounts needed; assessment; no funds to be transferred.

It shall be the duty of the board of directors of the district, on or before September first of each year, to determine the amount of money required to meet the maintenance, operating and current expenses of the district for the ensuing fiscal year, and such additional sums as may be necessary to meet any deficiency for payment of maintenance or operation expenses theretofore incurred, and to certify the same to the board of county commissioners. Such certificate shall specify the sum required for each of the purposes therein mentioned. The county treasurer shall distribute the proceeds of the ad valorem taxes levied by the county commissioners under this act for the purpose of paying and retiring outstanding bonds and interest coupons, to the credit of a fund to be known as "bond fund" and shall distribute the proceeds of the specific taxes levied on request of the board of directors of said district through their budget for maintenance, operation and current expenses, to a separate fund, established and maintained for said last-mentioned purposes.
It shall be unlawful to transfer any money from either the bond fund or the maintenance, operation and current expense fund, or to use the money therein for any other purpose, so long as any obligations of the district which should be paid out of such funds, respectively, remain unpaid.
The county treasurer is authorized to pay out of said bond fund any matured bond or coupon of the district, upon presentation of said bond, coupon or coupons, for that purpose, and without warrant from the board of directors of said district, and to pay out of the maintenance, operation and current expense fund or funds, any water charges or rentals due by the district and unpaid without warrant signed by the president and secretary of the district, in any case where the district officers neglect or refuse to issue such warrant in time to meet such obligations when due.
History:
Laws 1919, ch. 41, § 18; 1921, ch. 173, § 1; C.S. 1929, § 73-218; Laws 1934 (S.S.), ch. 8, § 6; 1941 Comp., § 77-2120; 1953 Comp., § 75-22-20.
ANNOTATIONS
Compiler's notes.
— Laws 1934, ch. 8, § 6, provided it was amending Laws 1929, ch. 173, § 1, being § 73-218 of the Code of 1929. It correctly included the 1929 compilation number, § 73-218 in the 1929 compilation of Laws 1921, ch. 173, § 1 which was the section actually amended in 1934.
The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 2.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-23 - Board of directors to submit accurate description of lands to county assessor.

That the board of directors of any such irrigation district shall, on or before September first of each succeeding year after the passage of this act, cause to be prepared an accurate description of all of the lands within their respective districts, as then legally constituted, and which lands are liable under the provisions of this act [73-9-17 to 73-9-27, 73-9-50, 73-13-4, 73-13-23 NMSA 1978] to an assessment for debt service or district maintenance purposes; that said list shall be certified to by the president and secretary of the district and delivered to the county assessor or assessors of the county or counties within which said lands or any portion thereof are located.
History:
C.S. 1929, § 73-218a, enacted by Laws 1934 (S.S.), ch. 8, § 7; 1941 Comp., § 77-2121; 1953 Comp., § 75-22-21.
ANNOTATIONS
Cross references.
— For information to be furnished assessor,
see
7-38-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 71, 72.
94 C.J.S. Waters § 334.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-24 - Tax assessments.

It shall be the duty of the county assessor of any county embracing the whole or a part of any irrigation district, to assess and enter upon his tax rolls each year, the name of the owner, if known, and the description and area of each tract of land in said district in his said county, subject to assessment and taxation under this act, and upon receipt by such assessor of the notice from the county commissioner of the levies to be made as hereinafter provided, he shall extend the same upon his tax roll to be collected in the same manner as other taxes.
History:
Laws 1919, ch. 41, § 19; C.S. 1929, § 73-219; Laws 1934 (S.S.), ch. 8, § 8; 1941 Comp., § 77-2122; 1953 Comp., § 75-22-22.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 71, 72.
94 C.J.S. Waters § 334.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-25 - Creation of sinking fund.

An assessment and levy for the retirement and payment of any outstanding bonds of any such district shall be made for each and every year after the issuance and delivery of such bonds, for the purpose of creating a sinking fund out of which said bonds and interest accruing thereon may be paid, as and when they mature, and a failure or refusal on the part of the taxing officers of said county or counties to make such bond levy, for any year, shall be a misdemeanor and each such taxing officer shall be punished therefor, accordingly.
History:
C.S. 1929, § 73-219a, enacted by Laws 1934 (S.S.), ch. 8, § 9; 1941 Comp., § 77-2123; 1953 Comp., § 75-22-23.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 94 C.J.S. Waters § 243.