reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-30 - [Expenditure of funds for feasibility studies.]

The interstate stream commission is authorized to spend out of any unpledged funds in [the] New Mexico irrigation works construction fund such sums as needed in order to have feasibility studies made regarding any project.
History:
1953 Comp., § 75-34-29, enacted by Laws 1957, ch. 80, § 2.
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 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-31 - [Loans to include sums for feasibility study.]

Any loan made for any project as provided shall include any sums which have been spent out of unpledged funds in the New Mexico irrigation works construction fund for a feasibility study on such project under the provisions of Section 2 [72-14-30 NMSA 1978].
History:
1953 Comp., § 75-34-30, enacted by Laws 1957, ch. 80, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-32 - [Loans to supplement federal funds authorized.]

Any loan made as provided may be used to supplement amounts granted or borrowed from the United States of America or any instrumentality, or agency thereof, or amounts granted or expended under the authority of Sections 72-14-9 to 72-14-28 NMSA 1978.
History:
1953 Comp., § 75-34-31, enacted by Laws 1957, ch. 80, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 93 C.J.S. Waters § 190.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-33 - ["Project" defined.]

"Project" is defined to include and embrace all means of conserving and distributing water, including, without limiting the generality of the foregoing, reservoirs, dams, diversion canals, distributing canals, lateral ditches, pumping units, wells, mains, pipelines and waterworks systems and shall include all such works for the conservation, development, storage, distribution and utilization of water including, without limiting the generality of the foregoing projects for the purpose of irrigation, development of power, watering of stock, supplying of water for public, domestic, industrial and other uses and for fire protection.
History:
1953 Comp., § 75-34-32, enacted by Laws 1957, ch. 80, § 5.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-34 - Budgets required.

The interstate stream commission shall annually prepare and submit a budget in accordance with the provisions of Sections 6-3-1 through 6-3-22 NMSA 1978 covering all funds created or held under the provisions of Sections 72-14-9 through 72-14-33 NMSA 1978.
History:
1953 Comp., § 75-34-32.1, enacted by Laws 1973, ch. 201, § 4.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-35 - [Exemption from Bateman Act.]

The provisions of the Bateman Act [6-6-11 and 6-6-13 to 6-6-18 NMSA 1978] shall not apply to loans authorized herein.
History:
1953 Comp., § 75-34-33, enacted by Laws 1957, ch. 80, § 6.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-36 - [Special water revenue bonds of interstate stream commission; purpose.]

A. For the purpose of building, operating and maintaining dams on the Canadian river or its tributaries between Conchas dam and the Texas border, the interstate stream commission of the state is hereby authorized to anticipate the proceeds of the collection of taxes imposed upon natural resources by Chapter 103, New Mexico Session Laws of 1937, as amended, to the extent hereinafter authorized by the issuance and sale of bonds not exceeding the aggregate of five million dollars ($5,000,000) at such time and bearing such rate or rates of interest, not exceeding six percent a year as the interstate stream commission may determine.
B. The interstate stream commission of the state shall not allow construction to commence until it has reasonable assurance that this project will produce sufficient income with which to pay the cost of operation and maintenance of the dams constructed.
History:
1953 Comp., § 75-34-34, enacted by Laws 1957, ch. 190, § 1; 1959, ch. 69, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1937, ch. 103, relating to severance taxes, was repealed by Laws 1959, ch. 52, § 29, Laws 1971, ch. 65, § 7 and Laws 1977, ch. 102, §§ 4 and 6. For provisions of the present Severance Tax Act,
see
7-26-1 to 7-26-8 NMSA 1978.
Cross references.
— For transfer of interstate stream commission authority to state board of finance,
see
7-27-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-37 - [Special water revenue bonds of interstate stream commission; anticipation of tax proceeds.]

In the event House Bill No. 117 of the twenty-fourth legislature becomes law, the taxes collected, the proceeds of which are hereinafter anticipated, shall be those levied by that 1959 act.
History:
1953 Comp., § 75-34-34.1, enacted by Laws 1959, ch. 69, § 2.
ANNOTATIONS
Compiler's notes.
— House Bill No. 117 refers to Laws 1959, ch. 52, the operative provisions which are currently compiled as 7-29-1, 7-29-2, 7-29-5 to 7-29-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-38 - Terms and conditions of bonds.

The terms and conditions of the bonds including but not limited to: date of issue; maturities; coupon rate or rates; call features; call premiums; refundability; and other covenants covering the general and technical aspects of the bond issue, including provision for additional bonds if and as necessary, shall be as determined in the discretion of the interstate stream commission.
History:
1953 Comp., § 75-34-35, enacted by Laws 1957, ch. 190, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-39 - Funding.

All revenue from sale of water shall go into a general fund from which the commission is authorized to transfer operating requirements, principal and interest requirements and such other funds as are practical in the sound financing of the dam.
History:
1953 Comp., § 75-34-36, enacted by Laws 1957, ch. 190, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-40 - Sale of bonds.

The bonds provided for by this act [72-14-36, 72-14-38 to 72-14-42 NMSA 1978] may be sold at public or private sale, in the discretion of the commission, provided, however, that no sale may be made for less than the par value of the bonds, plus accrued interest from the date of issue to the date of delivery of the bonds.
The state treasurer may, with the approval of the state board of finance and any other officials whose approval may be required by law for the investment of public funds, purchase such bonds at par value, plus accrued interest to the date of delivery, or subsequently, in the open market, at a price not to exceed the call price, plus accrued interest. Such bonds shall be accepted at their par value by all public officials in this state as security for the repayment of all deposits of public money of this state, or of any county, municipality or public institution thereof, and as security for the faithful performance of any obligations or duty to guarantee the performance of which such officials are now authorized by law to accept a deposit of the bonds of this state or of the United States of America.
History:
1953 Comp., § 75-34-37, enacted by Laws 1957, ch. 190, § 4.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-41 - Guarantee by severance tax funds.

After the appropriations made for payment of the bonds authorized by the following acts:
Laws 1951, Chapter 24; Laws 1947, Chapter 46; Laws 1949, Chapter 111; Laws 1953, Chapter 99; Laws 1953, Chapter 149; Laws 1953, Chapter 169; Laws 1953, Chapter 170; Laws 1955, Chapter 122; Laws 1955, Chapter 123; Laws 1955, Chapter 124; Laws 1955, Chapter 125; Laws 1955, Chapter 203 there is hereby appropriated out of the proceeds from all taxes collected under the provisions of Laws 1937, Chapter 103, as amended, a sufficient amount of money each year to pay any interest and to retire the maturing principal of bonds issued under this act [72-14-36, 72-14-38 to 72-14-42 NMSA 1978] to the extent that water revenues are not sufficient to meet the interest and principal payments. In the event water revenues are not sufficient to meet the interest and principal payments, the severance taxes are used for that purpose, and thereafter water revenues are in excess of the amounts required to meet current liabilities, the excess water revenues shall be used to repay the amount of severance taxes used.
History:
1953 Comp., § 75-34-38, enacted by Laws 1957, ch. 190, § 5.
ANNOTATIONS
Compiler's notes.
— Laws 1951, ch. 24, relating to severance taxes, was repealed by Laws 1971, ch. 65, § 7 and Laws 1977, ch. 102, §§ 4 and 6. For the present provisions of the Severance Tax Act,
see
Chapter 7, Article 26 NMSA 1978.
Laws 1947, ch. 46, Laws 1949, ch. 111, Laws 1953, ch. 169 and Laws 1955, ch. 124, related to insane asylum bonds.
Laws 1953, ch. 149 and Laws 1955, ch. 122, related to penitentiary bonds.
Laws 1953, ch. 170, related to mental hospital bonds.
Laws 1955, ch. 203, related to building and institution severance tax bonds.
Laws 1937, ch. 103, which related to severance taxes, was repealed by Laws 1959, ch. 52, § 29, Laws 1971, ch. 65, § 7, and Laws 1977, ch. 102, §§ 4 and 6.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-42 - Approval of issue.

No bonds shall be finally issued and sold under this act [72-14-36, 72-14-38 to 72-14-42 NMSA 1978] until the issue shall have been approved by a majority of the state board of finance in a regular or called meeting.
History:
1953 Comp., § 75-34-39, enacted by Laws 1957, ch. 190, § 6.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-43 - Legislative findings; state appropriation of unappropriated water.

Based upon the findings and recommendations of the report from New Mexico state university and the university of New Mexico on state appropriation of unappropriated water, the legislature finds that:
A. the future water needs of New Mexico can best be met by allowing each region of the state to plan for its water future;
B. the state can assist the regions in planning future water use by implementing a state appropriation program to ensure an adequate supply of water for each region, as reflected in each region's water use plan; and
C. the interstate stream commission is the appropriate agency to implement such a program.
History:
Laws 1987, ch. 182, § 1.
ANNOTATIONS
Law reviews.
— For article, "The Administration of the Middle Rio Grande Basin: 1956-2002," see 42 Nat. Resources J. 939 (2002).
For article, " 'Whisky's for Drinkin', Water's for Fightin'! ' Is it? Resolving a Collective Action Dilemma in New Mexico," see 45 Nat. Resources J. 185 (2003).
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14 - Interstate Stream Commission; Protection of Interstate Streams › Section 72-14-44 - Interstate stream commission; groundwater appropriation; water rights purchase.

A. The interstate stream commission is authorized to appropriate groundwater or purchase water rights on behalf of any of the various regions of the state.
B. Nothing in this section shall be construed as permitting the condemnation of water rights or as determining, abridging or affecting in any way the water rights of Indian nations, tribes or pueblos.
History:
Laws 1987, ch. 182, § 2; 2023, ch. 123, § 6.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, removed provisions related to regional water planning; in the section heading, "water planning funding"; in Subsection B, after "Indian", added "nations", and after "tribes", added "or pueblos"; and deleted Subsections C through F.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14A - Water Security Planning › Section 72-14A-1 - Short title.

Sections 1 through 5 [72-14A-1 to 72-14A-5 NMSA 1978] of this act may be cited as the "Water Security Planning Act".
History:
Laws 2023, ch. 123, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14A - Water Security Planning › Section 72-14A-2 - Definition.

As used in the Water Security Planning Act, "commission" means the interstate stream commission.
History:
Laws 2023, ch. 123, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14A - Water Security Planning › Section 72-14A-3 - Condemnation of water rights.

Nothing in the Water Security Planning Act shall be construed as permitting the condemnation of water rights or as determining, abridging or affecting in any way the water rights of water right owners in the state.
History:
Laws 2023, ch. 123, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 14A - Water Security Planning › Section 72-14A-5 - Regional water planning entities.

A. An entity shall not be made a part of a proposal for planning funds under this section without that entity's consent.
B. The outcomes sought by each regional water planning entity shall:
(1) be established through broad public input;
(2) consider public welfare values, balancing water uses and the needs of future generations of New Mexicans;
(3) be grounded in state water law;
(4) be developed using the best available science;
(5) recognize and respect federally recognized or reserved tribal water rights;
(6) consider access to water for domestic use; and
(7) comply with applicable federal water law.
C. Each regional water planning entity shall:
(1) be composed of regional stakeholders as identified in the entity's guidelines;
(2) ensure opportunities for participation by Indian nations, tribes or pueblos located within the water planning region;
(3) obtain public input in the development, vetting and prioritization of regional water planning activities and proposals;
(4) assist in the funding, development and incorporation of plans for rural communities;
(5) report to the commission by June 30 of each year on the progress of planning activities and outcomes of regional water security plan implementation; and
(6) review existing water plans and data sets of municipalities, counties and other entities within the water planning region and use them as appropriate.
History:
Laws 2023, ch. 123, § 5.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-1 - [Animas-La Plata Project Compact.]

The state of New Mexico does hereby ratify, approve and adopt the Animas-La Plata Project Compact, which is a [as] follows:
ANIMAS-LA PLATA PROJECT COMPACT
The state of Colorado and the state of New Mexico, in order to implement the operation of the Animas-La Plata federal reclamation project, Colorado-New Mexico, a proposed participating project under the Colorado River Storage Project Act (70 Stat. 105), and being moved by considerations of interstate comity, have resolved to conclude a compact for these purposes and have agreed upon the following articles:
ARTICLE I
A. The right to store and divert water in Colorado and New Mexico from the La Plata and Animas river systems, including return flow to the La Plata river from Animas river diversions, for uses in New Mexico under the Animas-La Plata federal reclamation project shall be valid and of equal priority with those rights granted by degree [decree] of the Colorado state courts for the uses of water in Colorado for that project, providing such uses in New Mexico are within the allocation of water made to that state by Articles III and XIV of the Upper Colorado River Basin Compact (63 Stat. 31).
B. The restrictions of the last sentence of Section (a) of Article IX of the Upper Colorado River Basin Compact shall not be construed to vitiate Paragraph A of this article.
ARTICLE II
This compact shall become binding and obligatory when it shall have been ratified by the legislatures of each of the signatory states.
History:
1978 Comp., § 72-15-1, enacted by Laws 1969, ch. 57, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Both P.L. 90-537, by which the congress of the United States approved this compact, and the Colorado River Storage Project Act (70 Stat. 105) appear as 43 U.S.C. 620 et seq.
63 Stat. 31 is codified as 43 U.S.C. 617l.
Law reviews.
— For article, "Native American Water Rights: Efficiency and Fairness," see 29 Nat. Resources J. 763 (1989).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waters § 310.
Constitutionality, construction and application of compacts and statutes involving cooperation between states, 134 A.L.R. 1412.
93 C.J.S. Waters §§ 170, 183, 188.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-3 - [Notice of approval.]

Notice of approval of said compact shall be given by the governor of New Mexico to the governor of Texas and to the governor of Oklahoma and to the president of the United States, as provided in Article XI of said compact.
History:
1978 Comp., § 72-15-3, enacted by Laws 1951, ch. 4, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-4 - [Ratification and approval.]

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Texas and the legislature of the state of Oklahoma and consented to by the congress of the United States of America.
History:
1978 Comp., § 72-15-4, enacted by Laws 1951, ch. 4, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-6 - [Notice of approval.]

Notice of the approval of said compact shall be given by the governor of New Mexico to the governors of each of the other signatory states and to the president of the United States, as provided in Article II (11) [Article XI] of said compact.
History:
1978 Comp., § 72-15-6, enacted by Laws 1923, ch. 6, § 2.
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 15 - Interstate Compacts › Section 72-15-7 - [Ratification and approval.]

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislatures of the other signatory states and by the congress of the United States.
History:
1978 Comp., § 72-15-7, enacted by Laws 1923, ch. 6, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-8 - [Colorado River Compact; modified.]

That the provisions of the first paragraph of Article XI of the Colorado River Compact [72-15-5 NMSA 1978], making said compact effective when it shall have been approved by the legislature of each of the signatory states, are hereby waived and said compact shall become binding and obligatory upon the state of New Mexico and upon the other signatory states, which have ratified or may hereafter ratify it, whenever at least six of the signatory states shall have consented thereto and the congress of the United States shall have given its consent and approval, provided, however, that this act [72-15-8, 72-15-9 NMSA 1978] shall be of no force or effect until a similar act or resolution shall have been passed or adopted by the legislature [legislatures] of the states of California, Nevada, Colorado, Utah and Wyoming.
History:
1978 Comp., § 72-15-8, enacted by Laws 1925, ch. 78, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 93 C.J.S. Waters §§ 170, 183, 188.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-9 - [Certified copies.]

That certified copies of this act [72-15-8, 72-15-9 NMSA 1978] be forwarded by the governor of the state of New Mexico to the president of the United States, the secretary of state of the United States, and the governors of the states of Arizona, California, Nevada, Colorado, Utah and Wyoming.
History:
1978 Comp., § 72-15-9, enacted by Laws 1925, ch. 78, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-11 - [Notice of approval.]

Notice of approval of said compact shall be given by the governor of New Mexico to the governor of Colorado as provided in Article IX of said compact.
History:
1978 Comp., § 72-15-11, enacted by Laws 1945, ch. 51, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-12 - [Ratification and approval.]

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Colorado and by the congress of the United States.
History:
1978 Comp., § 72-15-12, enacted by Laws 1945, ch. 51, § 3.
ANNOTATIONS
Date of ratification.
— Costilla Creek Water Compact between New Mexico and Colorado, of which the supreme court takes notice, was duly entered into and ratified by the two states and approved by the congress of the United States on July 11, 1946.
State ex rel. Reynolds v. W.S. Ranch Co.
, 1961-NMSC-061, 69 N.M. 169, 364 P.2d 1036.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-14 - [Notice of approval.]

Notice of approval of the Amended Costilla Creek Compact shall be given by the governor of New Mexico to the governor of Colorado and to the president of the United States of America.
History:
1978 Comp., § 72-15-14, enacted by Laws 1963, ch. 256, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-15 - [Ratification and approval.]

The ratification, approval and adoption of the Amended Costilla Creek Compact by this state shall not be binding or obligatory until it shall be likewise approved by the legislature of the state of Colorado and by the congress of the United States.
History:
1978 Comp., § 72-15-15, enacted by Laws 1963, ch. 256, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-17 - [Notice of approval.]

Notice of the approval of said compact shall be given by the governor of New Mexico to the governor of Colorado, as provided in Article VII of said compact.
History:
1978 Comp., § 72-15-17, enacted by Laws 1923, ch. 7, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-18 - [Ratification and approval.]

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Colorado and by the congress of the United States.
History:
1978 Comp., § 72-15-18, enacted by Laws 1923, ch. 7, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-20 - [Notice of approval.]

Notice of approval of said compact shall be given by the governor of New Mexico to the governor of Texas and to the president of the United States as provided in Article XV of said compact.
History:
1978 Comp., § 72-15-20, enacted by Laws 1949, ch. 6, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-21 - [Ratification and approval.]

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Texas and consented to by the congress of the United States of America.
History:
1978 Comp., § 72-15-21, enacted by Laws 1949, ch. 6, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-22 - [Commissioner.]

The governor shall, within thirty days after this act [this section] becomes effective, appoint a commissioner who shall represent the state of New Mexico on the commission provided for by Article 5 of the Pecos River Compact [72-15-19 NMSA 1978] between the states of New Mexico and Texas. Such commissioner shall be charged with the administration of the provisions of said compact and shall have the power to discharge the duties prescribed by the terms of said compact. Such commissioner shall serve for a term of two years from and after the date of his appointment and until a successor, who shall serve for a like term, is appointed and qualified. Until otherwise provided by law, he shall receive a salary of $300.00 each month. He shall be allowed his actual expenses when travelling in the discharge of his duties. He shall have authority to meet and confer with the Texas member of the commission at such points within the states of New Mexico and Texas or elsewhere as the commission may see fit. He may make such investigations and appoint such engineering, legal and clerical aid as may be necessary to protect the state of New Mexico and to carry out and enforce the terms of said compact and may fix their salaries and necessary expenses. He may incur necessary office expenses and other expenses incident to the proper performance of his duties and the proper administration of the Pecos River Compact. Such commissioner shall not incur any financial obligation on behalf of the state of New Mexico until the legislature shall have provided and appropriated money therefor. The salary of the commissioner and all expenses incurred by him in the performance of his official duties including the salaries and expenses of the commission employees shall be paid by the state treasurer on vouchers submitted by the commissioner out of moneys appropriated for such purposes by the legislature.
History:
1978 Comp., § 72-15-22, enacted by Laws 1949, ch. 128, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 Am. Jur. 2d Waterworks and Water Companies § 4.
94 C.J.S. Waters § 315.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-24 - [Notice of approval.]

Notice of the approval of said compact shall be given by the governor of New Mexico to the governors of Colorado and Texas, as provided in Article XVIII [XVII] of said compact.
History:
1978 Comp., § 72-15-24, enacted by Laws 1939, ch. 33, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-25 - [Ratification and approval.]

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Colorado and by the legislature of the state of Texas and by the congress of the United States.
History:
1978 Comp., § 72-15-25, enacted by Laws 1939, ch. 33, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-27 - [Notice of approval.]

Notice of approval of said compact shall be given by the governor of New Mexico to the governors of Arizona, Colorado, Utah and Wyoming, and to the president of the United States of America, as provided in Article XXI of said compact.
History:
1978 Comp., § 72-15-27, enacted by Laws 1949, ch. 5, § 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 15 - Interstate Compacts › Section 72-15-28 - [Ratification and approval.]

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislatures of the states of Arizona, Colorado, Utah and Wyoming, and approved by the congress of the United States of America.
History:
1978 Comp., § 72-15-28, enacted by Laws 1949, ch. 5, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-1 - Short title.

Chapter 72, Article 16 NMSA 1978 may be cited as the "Arroyo Flood Control Act".
History:
1953 Comp., § 75-36-1, enacted by Laws 1963, ch. 311, § 1; 2018, ch. 79, § 101.
ANNOTATIONS
Cross references.
— For municipalities, authority to protect against flood,
see
Chapter 3, Article 41 NMSA 1978.
For flood control generally,
see
Chapter 4, Article 50 NMSA 1978.
For applicability of conservancy districts act,
see
73-14-2 NMSA 1978.
The 2018 amendment,
effective July 1, 2018, changed "This act" to "Chapter 72, Article 16 NMSA 1978".
This act does not deprive owners of their property without due process of law,
nor does it deny them the equal protection of the law.
Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne
, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Boundaries of flood control authority
were not arbitrarily and capriciously fixed by the legislature nor does this act contravene the due process clause.
Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne
, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Fact some residents receive more benefit than others.
— Under this section, the fact that there may be residents or property owners in some portions of the area who receive a greater benefit than others, or that some actually receive no benefit from the improvements and are in no apparent danger of damage from floods, cannot stand in the way of a general governmental policy declared by the legislature in the interest of the public welfare and benefit.
Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne
, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Law reviews.
— For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 50 Am. Jur. 2d Levees and Flood Control §§ 1, 2.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-2 - Legislative declaration.

It is hereby declared as a matter of legislative determination:
A. that the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in this act [72-16-1 to 72-16-103 NMSA 1978] will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state of New Mexico;
B. that the acquisition, improvement, maintenance and operation of any project authorized in this act is in the public interest and constitutes a part of the established and permanent policy of the state;
C. that the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation, and a political subdivision of the state;
D. that the flood control system hereby authorized and directed to be acquired will be of special benefit to the property within the boundaries of the authority hereinafter organized and created;
E. that the notice provided for in this act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests;
F. that a general law cannot be made applicable to the designated flood control system and the provisions herein appertaining thereto because of a number of atypical and special conditions concerning them;
G. that for the accomplishment of these purposes, the provisions of this act shall be broadly construed.
History:
1953 Comp., § 75-36-2, enacted by Laws 1963, ch. 311, § 2.
ANNOTATIONS
Act designed to benefit Albuquerque flood control authority.
— The Arroyo Flood Control Act was designed to directly benefit only the land included within the Albuquerque flood control authority. 1964 Op. Att'y Gen. No. 64-90.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-3 - Decision of board or governing body final.

The action and decision of the board as to all matters passed upon by it in relation to any action, matter or thing provided herein shall be final and conclusive unless arbitrary, capricious or fraudulent.
History:
1953 Comp., § 75-36-3, enacted by Laws 1963, ch. 311, § 3.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-7 - Provision for remonstrances.

Within sixty days from the time this act goes into effect, a written, signed and acknowledged remonstrance against the acquiring of the flood control system provided for in Section 19 [72-16-19 NMSA 1978] herein may be filed with the board hereinafter created by the owners of property of the value of at least thirty percent of the value of the property herein provided to be taxed, based upon the assessed valuation of said property for general taxes for the year preceding the year of making such remonstrance. If there is real estate in the authority that has not been separately assessed by the taxing authorities, the board shall value such real estate for the purpose of such remonstrance on the same basis of valuation as other real estate similarly situated that has been separately assessed. The board shall, as soon as possible, examine such remonstrance, if made, and canvass and pass upon and determine its sufficiency, and its action thereon shall be final. If the petition is found to contain the names of the owners of property of fifty percent of the total valuation of said real estate in the authority and is found to be sufficient, then the flood control system herein provided for shall not be acquired; provided, that no action under the terms of this act [72-16-1 to 72-16-103 NMSA 1978] shall be delayed during the period of sixty days, except that no bonds shall be issued during said time.
History:
1953 Comp., § 75-36-7, enacted by Laws 1963, ch. 311, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Levees and Flood Control § 18.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-8 - Board of directors.

The governing body of the authority hereby created is a board of directors consisting of five qualified electors of the authority. All powers, rights, privileges and duties vested in or imposed upon the authority are exercised and performed by and through the board of directors; provided that the exercise of any executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the authority. Except for the first directors appointed as provided for in Section 72-16-9 NMSA 1978, and except for any director chosen to fill an unexpired term, the term of each director runs for six years. Each director, subject to such exceptions, shall serve a six-year term, and each director shall serve until a successor has been duly chosen and qualified.
History:
1953 Comp., § 75-36-8, enacted by Laws 1963, ch. 311, § 8; 2018, ch. 79, § 103.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, removed the provision related to the commencing and ending dates of the terms of the first directors appointed and any director chosen to fill an unexpired term, and made technical changes; and after "as provided", added "for in Section 72-16-9 NMSA 1978", after "the term of each director", deleted "commences on the first day of January next following a general election in the state and", and after "six-year term", deleted "ending on the first day of January next following a general election".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Levees and Flood Control § 21.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-9 - Appointment of first board.

When this act goes into effect, the governor shall forthwith appoint five qualified electors of the authority as the directors comprising the first board. They shall serve until their successors have been elected and qualified. Immediately upon their appointment the five directors shall meet, qualify and choose officers, as provided for organizational meetings thereafter in Section 13 [72-16-13 NMSA 1978] hereof.
History:
1953 Comp., § 75-36-9, enacted by Laws 1963, ch. 311, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Levees and Flood Control § 22.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-10 - Election of directors.

A. Elections shall be held pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Directors shall be elected from single-member districts in which they reside. The board shall ensure that the districts remain contiguous, compact and as equal in population as is practicable, assessing the existing districts following each federal decennial census to accomplish that objective. A redistricting shall be effective at the following regular board election. Incumbent board members whose residences are redistricted out of their districts may serve out their term of office.
B. The qualified electors of the authority shall elect similarly one or two qualified electors as directors to serve six-year terms as directors and as successors to the directors whose terms end following each election. Nothing may be construed as preventing qualified electors of the authority from single-member districts from being elected or reelected as directors to succeed themselves.
History:
1953 Comp., § 75-36-10, enacted by Laws 1963, ch. 311, § 10; 2001, ch. 19, § 1; 2018, ch. 79, § 104.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that the election of directors shall be held pursuant to the Local Election Act, and made technical and conforming changes; in Subsection A, deleted "At each general election" and added "Elections shall be held pursuant to the provisions of the Local Election Act"; and in Subsection B, after "directors whose terms end", deleted "on the first day of January next".
The 2001 amendment,
effective June 15, 2001, deleted the first three sentences of the section, which were outdated provisions for electing board members; inserted a new Subsection A and redesignated the remaining material as Subsection B; in Subsection B, inserted "any single-member district from" and deleted the former last two sentences of the Subsection, which explained how to choose a director in the event that there were one or two or more vacancies on the board.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Levees and Flood Control § 22.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-11 - Nomination of directors.

Written nominations of any candidate as director may be filed in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Each nomination of any candidate shall be signed by not less than fifty qualified electors who reside within the district for which the candidate has been nominated, shall designate the name of the candidate nominated and shall recite that the subscribers are qualified electors of the district for which the candidate is nominated and that the candidate designated is a qualified elector of the authority and resides within the district for which the candidate is nominated. No qualified elector may nominate more than one candidate for any vacancy.
History:
1953 Comp., § 75-36-11, enacted by Laws 1963, ch. 311, § 11; 1985, ch. 190, § 2; 2001, ch. 19, § 2; 2018, ch. 79, § 105.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that nominations of candidates for director of the Arroyo Flood Control Authority may be filed in accordance with the provisions of the Local Election Act, removed outdated language, and made technical and conforming changes; and deleted "Not later than forty-five days before a proposal to incur debt is first submitted to the taxpaying electors or at the first general election next following the effective date of the Arroyo Flood Control Act, whichever occurs first", after "may be filed", deleted "with the secretary of the board" and added "in accordance with the provisions of the Local Election Act", deleted "taxpaying" and added "qualified" preceding "elector" throughout the section, and deleted "If a candidate does not withdraw his name before the time established by the county for purposes of absentee ballots or as set forth in the Election Code, whichever is earlier, his name shall be placed on the ballot. For any election held after November 6, 1984, nominations shall be made by qualified electors in accordance with the procedures and limitations of this section, except that such nominations shall be filed with the secretary of the board not later than the fourth Tuesday in June preceding the general election.".
The 2001 amendment,
effective June 15, 2001, in the second sentence, substituted "who reside within the district for which the candidate has been nominated" for "regardless of whether or not nominated therein", inserted "of the district for which the candidate is nominated" following "are taxpaying electors", and inserted "and reside within the district for which they are nominated"; deleted the former third sentence, which read "No written nomination may designate more qualified electors as candidates than there are vacancies"; and changed the deadline for candidates to withdraw his or her name from the ballot from "first publication of the notice of election".
The 1985 amendment,
effective June 14, 1985, substituted "is first submitted to" for "shall be first submitted to" near the beginning of the section and added the last sentence.
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-12 - Filling vacancies on board.

Upon a vacancy occurring in the board by reason of death, change of residence, resignation or for any other reason, the governor shall appoint a qualified elector of the authority who resides within the district where the vacancy exists as successor to serve the unexpired term.
History:
1953 Comp., § 75-36-12, enacted by Laws 1963, ch. 311, § 12; 2001, ch. 19, § 3.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted "who resides within the district where the vacancy exists".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-13 - Organizational meetings.

Except for the first board, each board shall meet on the first business day following the first day of the month that the term of office begins for members elected in the immediately preceding election at the office of the board within the authority. Each member of the board, before entering upon the member's official duties, shall take and subscribe on oath to support the constitution of the United States and the constitution and laws of New Mexico and to discharge faithfully and impartially the duties of office to the best of the member's ability, which oath shall be filed in the office of the secretary of state. Each director shall, before entering upon the director's official duties, give a bond to the authority in the sum of ten thousand dollars ($10,000) with good and sufficient surety, conditioned for the faithful performance of all of the duties of office, without fraud, deceit or oppression, and the accounting for all money and property coming into the director's hands and the prompt and faithful payment of all money and the delivering of all property coming into the director's custody or control belonging to the authority to the director's successors in office. Premiums on all bonds provided for in this section shall be paid by the authority, and all such bonds shall be kept on file in the office of the secretary of state.
History:
1953 Comp., § 75-36-13, enacted by Laws 1963, ch. 311, § 13; 2018, ch. 79, § 106.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, changed the schedule for the first meeting of the Arroyo Flood Control Authority following the election of new members to the authority, and made technical and conforming changes; and after "following the first day of", deleted "January in each odd-numbered year" and added "the month that the term of office begins for members elected in the immediately preceding election".
2023 New Mexico Statutes › Chapter 72 - Water Law › Article 16 - Albuquerque Metropolitan Arroyo Flood Control › Section 72-16-14 - Board's administrative powers.

The board may exercise the following powers:
A. fix the time and place, at which its regular meetings will be held within the authority and provide for the calling and holding of special meetings;
B. adopt and amend or otherwise modify bylaws and rules for procedure;
C. select one director as chairman of the board and president of the authority, and another director as chairman pro tem of the board and president pro tem of the authority, and choose a secretary and a treasurer of the board and authority, each of which two positions may be filled by a person who is, or is not, a director, and both of which positions may or may not, be filled by one person;
D. 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;
E. 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 authority, subject to the provisions of Section 13 [72-16-13 NMSA 1978] hereof;
F. prescribe a method of auditing and allowing or rejecting claims and demands;
G. provide a method for the letting of contracts on a fair and competitive basis for the construction of works, any facility, or any project, or any interest therein, or the performance or furnishing of labor, materials or supplies as required herein;
H. designate an official newspaper published in the authority in the English language and direct additional publication in any newspaper where it deems that the public necessity may so require;
I. make and pass resolutions and orders on behalf of the authority not repugnant to the provisions of this act [72-16-1 to 72-16-103 NMSA 1978], necessary or proper for the government and management of the affairs of the authority, for the execution of the powers vested in the authority, and for carrying into effect the provisions of this act.
History:
1953 Comp., § 75-36-14, enacted by Laws 1963, ch. 311, § 14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Levees and Flood Control § 24.