2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-3 - Definition of terms.

A. This act may be known and cited as "The Conservancy Act of New Mexico"; the districts created hereunder may be termed "conservancy districts"; and the bonds which may be issued hereunder may be called "conservancy bonds," and such designation may be engraved or printed on their face; the tax books and records provided hereunder shall be termed "conservancy books" or "conservancy records," and such title shall be printed, stamped or written thereon.
B. Whenever the term "person" is used, and not otherwise specified, it shall be taken to mean a person, firm, copartnership, association or corporation, other than a county, town, city or other political subdivision. Similarly, the words "public corporation" shall be taken to mean counties; towns; villages; cities; community land grants; community ditches or acequias; water users' associations; school, drainage, irrigation, water, park improvement or conservancy districts; and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes, or special assessments.
C. Whenever the term "land" or "real property" is used, and not otherwise specified, it shall be taken to mean real estate, as the words "real estate" are defined by the laws of the state of New Mexico, and shall embrace all railroads, electric railroads, street and interurban railroads, highways, roads, streets and street improvements, electric, telephone, telegraph and transmission lines, gas, electric, sewer and water systems, water rights, irrigation, drainage and community ditches or acequias; pipelines and rights-of-way of public or private corporations and all other real property whether held for public or private use.
D. Whenever the term "land" or "property" is used with reference to benefits, appraisals, assessments or taxes; public corporations shall, as political entities, be considered as included in such reference, in the same manner as "land" or "property."
E. Whenever the term "tax" or "taxes" is used, and not otherwise specified, with reference to levies for benefits, damages, construction, improvements or maintenance, it shall be taken to mean special taxes or special assessments.
F. Whenever the term "publication" is used and no manner specified therefor, it shall be taken to mean publication, in both English and Spanish, once a week for three (3) consecutive weeks in at least one newspaper of general circulation in each county wherein such publication is to be made. It shall not be necessary that publication shall be made on the same days of the week in each of the three (3) weeks, but not less than fourteen (14) days (excluding the day of the first publication) shall intervene between the first publication and the last publication; and publication shall be complete on the date of the last publication.
G. In case of a conservancy district or proposed conservancy district lying in one judicial district, whenever the term "court" or "conservancy court" is used, and not otherwise specified, it shall be taken to mean the district court of that judicial district of the state of New Mexico wherein the petition for the organization of a conservancy district shall be filed, or a judge thereof in vacation. In case of a conservancy district, or proposed conservancy district lying in more than one judicial district then for the purposes of this act, the words "court" or "conservancy court" shall have the same significance.
H. Whenever the term "clerk" is used, and not otherwise specified, it shall be taken to mean the clerk of the county of the state of New Mexico wherein the petition for the organization of a conservancy district shall be filed.
I. Whenever the term "district" is used, and not otherwise specified, it shall be taken to mean a conservancy district organized or ratified and continued under the provisions of this act, and to include only the lands described in the order of the court establishing said district and such additional lands therein, if any, on record in the office of the clerk, and property and rights acquired by the district.
J. Whenever the term "board" or "directors" is used, and not otherwise specified, it shall be taken to mean the board of directors appointed by the court for a conservancy district organized under the provisions of this act.
K. Whenever the term "president" is used, and not otherwise specified, it shall be taken to mean the chairman of the board of directors and the president of a conservancy district organized under the provisions of this act.
L. Whenever the term "secretary" is used, and not otherwise specified, it shall be taken to mean the secretary of the board of directors of a conservancy district organized under the provisions of this act.
M. Whenever the term "treasurer" is used, and not otherwise specified, it shall be taken to mean the treasurer of [a] conservancy district organized under the provisions of this act.
N. Whenever the term "appraisers" is used, and not otherwise specified, it shall be taken to mean the board of appraisers appointed by the court for a conservancy district organized under the provisions of this act.
O. Whenever the term "public health" is used in this act it shall be construed to include any act or thing tending to improve the general sanitary condition of the community, whether by way of drainage, relieving low or wet land of stagnant and unhealthy conditions or preventing the flooding of any lands producing or tending to produce unhealthful conditions.
P. Whenever the terms "public welfare" or "public benefit" are used, they shall be construed to extend to and include any act or thing tending to improve or benefit the general public or benefit the inhabitants of the district.
History:
Laws 1927, ch. 45, § 103; C.S. 1929, § 30-103; Laws 1933, ch. 80, § 1; 1941 Comp., § 77-2703; 1953 Comp., § 75-28-3.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to the Conservancy Act, enacted by Laws 1927, ch. 45, the provisions of which are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978. Laws 1990, ch. 48, § 1 added 73-14-20.1 NMSA 1978 to the Conservancy Act. Laws 1939, ch. 148, defined the "Conservancy Act of New Mexico" as the Conservancy Act and defined other terms used in the Conservancy District-Reclamation Control Act, 73-18-24 NMSA 1978. Laws 1939, ch. 148, § 1 is compiled as 73-18-1 NMSA 1978.
Although the official short title of the Laws of 1927, ch. 45 is the "Conservancy Act of New Mexico", there are numerous references in Articles 14 through 18 of Chapter 73, NMSA 1978 to the "Conservancy Act". Section 73-18-1 NMSA 1978 of "The Conservancy District-Reclamation Control Act", Section 73-18-24 NMSA 1978, provided that for purposes of the "Conservation District-Reclamation Control Act", "Conservancy Act" includes the "Conservancy Act of New Mexico". This definition of "Conservancy Act" is limited to "The Conservancy District-Reclamation Control Act".
See
Laws 1939, ch. 148, § 1, presently compiled as 73-18-1 NMSA 1978.
See also
the compiler's note above for the sections included in the Conservancy Act of New Mexico.