reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-28.1 - Election.

Elections shall be conducted pursuant to Sections 73-14-18 through 73-14-30 NMSA 1978 and the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
Laws 1996, ch. 42, § 12; 2018, ch. 79, § 143.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, provided that conservancy district elections shall be conducted pursuant to Sections 73-14-18 through 73-14-30 NMSA 1978 and the Local Election Act; and deleted "The board of directors of the conservancy district shall conduct the election" and added "Elections shall be conducted", after "pursuant to", deleted "Chapter 73, Article 14" and added "73-14-18 through 73-14-30", and after "NMSA 1978 and", deleted "other applicable election laws or shall select an election director as defined in Section 73-14-20 NMSA 1978 to provide election services. The election director shall operate pursuant to a contract approved by the secretary of state. The election may be conducted by emergency paper ballot, electronic voting machine or any other state certified tabulating voting machine" and added "the Local Election Act".
Temporary provisions.
— Laws 2023, ch. 46, § 1 provided:
A. Notwithstanding the provisions of The Conservancy Act of New Mexico that provide for district elections to be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978], a district organized pursuant to that act shall conduct its 2023 election in accordance with the provisions of this section and election procedures adopted by the district's board of directors. In 2025, a district shall conduct its election pursuant to the Local Election Act. The secretary of state shall work with the districts to identify barriers, provide recommendations and coordinate efforts to ensure each district's participation in the regular local election of 2025.
B. A district's board of directors shall select an election director to provide election services. The election director shall operate pursuant to a contract, which may be approved by the secretary of state upon request of the board of directors.
C. The 2023 election may be conducted by emergency paper ballot, electronic voting machine or any other state certified tabulating voting machine.
D. For the middle Rio Grande conservancy district, the 2023 election shall be held on October 3, 2023. For any other district, the 2023 election shall be held on a date determined by the district's board of directors that is: (1) before the first Tuesday in October 2023; or (2) the later of: (a) forty-five days after the adjournment of the state or county canvassing board for the 2023 regular local election; or (b) forty-five days after any recount, contest or other judicial inquiry regarding the 2023 regular local election.
E. As used in Laws 2023, ch. 46, § 1, "district" means a district organized pursuant to The Conservancy Act of New Mexico.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-29 - Repealed.

History:
1953 Comp., § 75-28-11.12, enacted by Laws 1975, ch. 262, § 12; 1996, ch. 42, § 13; 1978 Comp., § 73-14-29, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-29 NMSA 1978, as enacted by Laws 1975, ch. 262, § 12, relating to form of ballot, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-30 - Election expenses.

The conservancy district board shall pay out of the district's treasury those sums necessary to meet the actual expenses of elections. The board may levy a tax or assessment sufficient to meet election expenses on all property that is subject to direct assessment or taxation within the district.
History:
1953 Comp., § 75-28-11.13, enacted by Laws 1975, ch. 262, § 13.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-31 - Repealed.

History:
1953 Comp., § 75-28-11.14, enacted by Laws 1975, ch. 262, § 14; 1996, ch. 42, § 14; 1999, ch. 168, § 7; 1978 Comp., § 73-14-31, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-31 NMSA 1978, as enacted by Laws 1975, ch. 262, § 14, relating to absentee voting by ballot permitted, procedure, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-31.1 - Repealed.

History:
Laws 1996, ch. 42, § 15; 2012, ch. 37, § 1; repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-31.1 NMSA 1978, as enacted by Laws 1996, ch. 42, § 15, relating to absentee ballot application, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-31.2 - Repealed.

History:
Laws 1996, ch. 42, § 16; repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-31.2 NMSA 1978, as enacted by Laws 1996, ch. 42, § 16, relating to handling of absentee ballots by absent voter precinct board, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-31.3 - Repealed.

History:
Laws 1999, ch. 168, § 8; 2012, ch. 37, § 2; repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-31.3 NMSA 1978, as enacted by Laws 1999, ch. 168, § 8, relating to absentee-early voting, electioneering, effective July 1, 2022. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-32 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1996, ch. 42, § 18 repealed 73-14-32 NMSA 1978, enacted by Laws 1975, ch. 262, § 15, relating to election violations and penalties, effective March 4, 1996. For provisions of former section,
see
the 1995 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
73-14-89 to 73-14-92 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-33 - Organization of the board of directors.

A. Immediately after their appointment the directors shall meet for the purpose of organizing the board of directors. Each director before entering upon his official duties shall take and subscribe to an oath before an officer authorized to administer oaths, that he will honestly, faithfully and impartially perform the duties of his office, and that he will not be interested directly or indirectly in any contract let by said district, which said oath shall be filed in the office of the clerk.
B. Upon taking the oath, the board shall choose one of their member [members] chairman of the board and president of the district, and shall elect some suitable person secretary of the board, who may or may not be a member of the board.
C. Such board shall adopt a seal, and shall keep in a well-bound book a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employes [employees] and all corporate acts, which shall be open to the inspection of all owners of property in the district, as well as to all other interested parties. It shall have power to make and adopt rules and regulations, not inconsistent with the provisions of this act, for the conduct of the business and affairs of the district, and when adopted, no rule or regulation shall be altered, amended or repealed except upon three (3) days' notice to each member of the board, service to be had by a personal delivery or by mailing a copy of such notice in a sealed envelope, postage fully prepaid, to the address of the director to be served, or at a regular or called meeting at which all directors are present.
History:
Laws 1927, ch. 45, § 302; C.S. 1929, § 30-302; 1941 Comp., § 77-2712; 1953 Comp., § 75-28-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-14-1 NMSA 1978.
Cross references.
— For election of directors of districts having 100,000 acres or less,
see
73-14-54 to 73-14-69 NMSA 1978.
For compensation of members of board,
see
73-16-29 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-34 - Quorum.

A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties shall be sufficient for its determination.
History:
Laws 1927, ch. 45, § 303; C.S. 1929, § 30-303; 1941 Comp., § 77-2713; 1953 Comp., § 75-28-13.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-35 - Employment of agents.

A. The secretary shall be the custodian of the records of the district and of its corporate seal, and shall assist the board on such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal, all certified copies of the official records and files that may be required of him by this act, or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity. The secretary shall serve also as treasurer of the district, unless a treasurer is otherwise provided for by the board.
B. The board may also employ a manager or chief engineer, who may be an individual, copartnership or corporation; an attorney, and such other engineers, attorneys and other agents and assistants as may be needful; and may provide for their compensation, which, with all other necessary expenditures, shall be taken as a part of the cost of the improvement. The employment of the secretary, treasurer, manager or chief engineer and attorney for the district shall be evidenced by agreements in writing, which, so far as possible, shall specify the amounts to be paid for their services.
C. The manager or chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board each year, or oftener, if required by the board, and may make such suggestions and recommendations to the board as he may deem proper.
D. The secretary and treasurer and such other agents or employees of the district as the court may direct, shall furnish corporate surety bonds, at the expense of the district, in amount and form fixed and approved by the court, conditioned upon the faithful performance of their respective duties.
History:
Laws 1927, ch. 45, § 304; C.S. 1929, § 30-304; Laws 1939, ch. 37, § 1; 1941 Comp., § 77-2714; 1953 Comp., § 75-28-14.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-14-1 NMSA 1978.
Cross references.
— For county treasurer as ex officio district treasurer,
see
73-16-25 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-37 - Powers to execute improvement plans [; facilities for recreation and research]

The board shall have full power and authority to devise, prepare for, execute, maintain and operate any or all works or improvements necessary or desirable to complete, maintain, operate and protect the works provided for by the official plan, and to that end, may employ and secure men and equipment under the supervision of the chief engineer or other agents, or may in its discretion, let contracts for such works, either as a whole or in parts. The board may authorize the use of suitable conservancy district facilities and properties for purposes of recreation and environmental studies and research.
History:
Laws 1927, ch. 45, § 306; C.S. 1929, § 30-306; 1941 Comp., § 77-2716; 1953 Comp., § 75-28-16; Laws 1975, ch. 27, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1975, ch. 27, § 2, made the act effective March 17, 1975.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-38 - Access to land.

The board, its employes [employees] and the appraisers hereinafter provided for and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district, or to have access to the work; being liable, however, for actual damage done; but no unnecessary damage shall be done. Any person or corporation preventing such entry shall be guilty of misdemeanor, punishable by fine not exceeding fifty ($50.00) dollars.
History:
Laws 1927, ch. 45, § 307; C.S. 1929, § 30-307; 1941 Comp., § 77-2717; 1953 Comp., § 75-28-17.
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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-40 - Letting contracts.

When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars ($10,000.00) dollars [sic] shall be advertised after notice by publication as the board shall order, calling for bids, and the board may reject any or all bids, or may let said contract to the lowest or best bidder who shall give a good and approved bond, with ample security, conditioned on the carrying out of the contract. Such contract shall be in writing, and shall be accompanied by or shall refer to plans and specifications for the work to be done, prepared by the chief engineer. Said contract shall be let by the chief engineer, approved by the board, signed by the president and by the contractor, and shall be executed in duplicate; provided, that in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the consent of the board, with the approval of the court; provided, further, that the provisions of this section shall not apply if it is determined by the board with the approval of the court that the work be done on force account.
History:
Laws 1927, ch. 45, § 309; C.S. 1929, § 30-309; 1941 Comp., § 77-2719; 1953 Comp., § 75-28-19.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-41 - Dominant right of eminent domain.

A. The district, when necessary for the purposes of this act, shall have a dominant right of eminent domain over the right of eminent domain of private or public corportions [corporations].
B. In the exercise of this right, due care shall be taken to do no unnecessary damage to others, and, in case of failure to agree upon the mode and terms of interference, not to interfere with their operations or usefulness beyond the actual necessities of the case, due regard being given to other public interest [interests] involved.
History:
Laws 1927, ch. 45, § 310; C.S. 1929, § 30-310; 1941 Comp., § 77-2720; 1953 Comp., § 75-28-20.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-14-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
29A C.J.S. Eminent Domain § 40.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-42 - Condemnation under general law.

The district shall also have the right, instead of having appraisals made by the board of appraisers, to condemn for the use of the district according to the procedure provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] for the appropriation of property taken for public use and [any] property within or without the district not acquired or condemned by the court on the report of the appraisers.
History:
Laws 1927, ch. 45, § 311; C.S. 1929, § 30-311; 1941 Comp., § 77-2721; 1953 Comp., § 75-28-21; Laws 1981, ch. 125, § 58.
ANNOTATIONS
The 1981 amendment,
effective July 1, 1981, inserted "board of" preceding "appraisers" near the beginning of the section, substituted "the Eminent Domain Code" for "Chapter XXXIV of the Codification of 1915, and all amendatory or supplementary acts" near the middle of the section, deleted "land or other" following "appropriation of" near the middle of the section, substituted "and" for "any land or" near the end of the section and substituted "the" for "said" preceding "district" near the end of the section.
Relaxation of damages doctrine evidenced.
— The various provisions of this article manifest an intention to avoid or relax the doctrine that damages when assessed according to law must include all allowable damages.
Zamora v. Middle Rio Grande Conservancy Dist.
, 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.
Other compensation proceedings distinguished.
— Provision of Section 73-17-18 NMSA 1978 pertaining to ascertainment of the amount of compensation for lands taken and damaged to be arrived at by the board of appraisers is not a substitute for condemnation proceedings referred to in this section.
Zamora v. Middle Rio Grande Conservancy Dist.
, 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.
Petition for damages no substitute for condemnation proceedings.
— Section 73-17-18 NMSA 1978 is not a substitute for condemnation proceedings referred to in Section 73-14-42 NMSA 1978. Under 73-17-18 NMSA 1978, the plaintiffs initiate their claims for damages with a petition, while under eminent domain proceedings the defendant initiates its claims for condemnation of plaintiffs' property.
Wells v. Arch Hurley Conservancy Dist.
, 1976-NMCA-082, 89 N.M. 516, 554 P.2d 678.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-43 - Regulations to protect works.

A. Where necessary, in order to secure the best results from the execution and operation of the plans of the district, and to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any natural or artificial watercourse therein, the board may make regulations for and may prescribe the manner of building bridges, roads, highways, or fences or other works in, into, along or across any channel, natural or artificial watercourse, reservoir or other construction; and may prescribe the manner in which ditches or other works shall be adjusted to or connected with the works of the district or any watercourse therein; and when not in conflict with the regulations of the state board of health [department of health], may prescribe the manner in which the watercourses of the district may be used for sewer outlets or for disposal of waste.
B. The construction of any works in a manner harmful to the district or to any watercourse therein, and in a manner contrary to that specified by the board, shall be a misdemeanor, punishable by a fine of not more than one thousand ($1,000) dollars.
C. The board shall have authority to enforce by mandamus or other legal proceedings all necessary regulations, made by it and authorized by this act, and may remove any harmful construction or may close any opening improperly made. Any person or public corporation wilfully failing to comply with such regulations shall be liable for all damage caused by such failure, and for the cost of renewing any construction damaged or destroyed.
History:
Laws 1927, ch. 45, § 312; C.S. 1929, § 30-312; 1941 Comp., § 77-2722; 1953 Comp., § 75-28-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 provided that references to the state board of health shall be construed as references to the department of health.
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-14-1 NMSA 1978.
Cross references.
— For mandamus,
see
44-2-1 to 44-2-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-44 - Removal of structures.

A. For the accomplishment of the official plan, the board of directors of any district shall have full power and authority to improve in alignment, section, grade, location or in any other manner, any watercourse, and they may remove, widen, lengthen, lower, raise or otherwise change any public or private road bridge or railroad bridge, or any flume, aqueduct or telephone, telegraph, gas, oil, sewer, water or other pipelines or any other construction, over, across, in, into, under or through any such watercourse, or may require the same to be done, and the foregoing shall apply to all such changes specified by the official plan, or reasonably necessary for the accomplishment of the same; provided, however, that whenever any such change is made necessary in any construction because of the failure of the same to permit the free flow of the water in such stream in time of flood, or to permit the necessary enlargement or protection of the channel, then the owner of such construction shall make such change and all adjustments of grade, roadway, track, approach or other construction incidental thereto, without cost to the district, and without any claim for damages against the district; except that the district shall pay the cost of excavating the earth for the enlargement of any channel, or for placing earth for the filling of any channel, where such excavation or filling is required as a part of the official plan in making the changes outlined in this section; but the district shall not be required to make such fill or excavation unless the same would be necessary to the official plan if the construction or work so changed did not exist.
Before the removal, change or modification of any work or construction outlined in this section, the board of directors shall give notice to the owner thereof, requiring that the same be adapted to the official plan. In case such removals, changes or adjustments are not commenced and completed by the owner within the respective times specified therefor in such notice (which time shall be reasonable under all the circumstances) such removals, changes or adjustments may be made by the district, at the expense of the owner.
History:
Laws 1927, ch. 45, § 313; C.S. 1929, § 30-313; 1941 Comp., § 77-2723; 1953 Comp., § 75-28-23.
ANNOTATIONS
Compiler's notes.
— As enacted, this section contained no Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-45 - Passing equipment through bridge or grade.

In case it be necessary to pass any dredgeboat, or other equipment through a bridge or grade of any person or public corporation, the board shall give notice to the owner of said bridge or grade that the same shall be removed temporarily to allow the passage of such equipment, or that an agreement be immediately entered into in regard thereto. The owner of said bridge or grade shall keep an itemized account of the cost of the removal, and if necessary, of the replacing of said bridge or grade, and the necessary actual cost shall be paid by the district. In case the owner of said bridge or grade shall fail to commence or complete provisions for the passage of said equipment within the time specified in the notice, the board may remove such bridge or grade at its own expense, interrupting traffic in the least degree consistent with good work and without unnecessary damage or delay. In case it shall be hindered or prevented from so doing, the owner of said bridge or grade shall be liable for all damage resulting to the district therefrom.
History:
Laws 1927, ch. 45, § 314; C.S. 1929, § 30-314; 1941 Comp., § 77-2724; 1953 Comp., § 75-28-24.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-46 - Surveys and investigations [; flood warning service]

The board shall also have the right to establish and maintain stream gages, rain gages, a flood warning service with telephone or telegraph lines or telephone and telegraph service, and may make such surveys and examinations of rainfall and flood conditions, stream flow and other scientific and engineering subjects as are necessary and proper for the purposes of the district and they may issue reports thereon.
History:
Laws 1927, ch. 45, § 315; C.S. 1929, § 30-315; 1941 Comp., § 77-2725; 1953 Comp., § 75-28-25.
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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-48 - General grant of power.

The board of directors of any district organized under this act is hereby vested with all powers necessary and requisite for the accomplishment of the purposes for which the district is organized and capable of being delegated by the legislature of the state of New Mexico; and no enumeration of particular powers hereby granted shall be construed to impair any general grant of power herein contained, nor to limit any such grant to power or powers of the same class or classes as those so enumerated.
History:
Laws 1927, ch. 45, § 317; C.S. 1929, § 30-317; 1941 Comp., § 77-2727; 1953 Comp., § 75-28-27.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-14-1 NMSA 1978.
Conflict of interest.
— Because no statute defines the duties of a member of a board of directors of a conservancy district when a conflict of interest arises, the common law prevails. At common law, a member of a governing board is disqualified from voting on a matter in which he has a direct personal, financial interest, and a court will invalidate any board action in violation of this rule. 1988 Op. Att'y Gen. No. 88-18.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-49 - Declaration of policy.

It is recognized that in conservancy districts heretofore or hereafter organized under New Mexico law that certain land therein has or may have vested irrigation water rights. While fully recognizing such rights, nevertheless, in the proper operation of such districts, and especially in time of droughts, it is essential that the districts have the specific and unquestioned power to distribute the water remaining available for irrigation and to properly allocate the same for the purposes most essential for the welfare and economy of landowners within the district. To this end, the legislature deems it of manifest importance that conservancy districts have the unquestioned power to make such distribution and allocation of irrigation waters. While such power is present in existing laws, the method of enforcement is doubtful. To avoid any question in the future, this act [73-14-49 to 73-14-53 NMSA 1978] is enacted, with the aforesaid legislative intent and policy in mind.
History:
1941 Comp., § 77-2727a, enacted by Laws 1951, ch. 222, § 1; 1953 Comp., § 75-28-28.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-50 - Distribution of irrigation waters.

All conservancy districts heretofore organized under the laws of New Mexico, and all such districts hereafter to be organized, are specifically empowered to make such proper and necessary distribution and allocation of the waters available for irrigation within such districts as the boards of directors thereof, in consultation with the chief engineer of such districts, shall determine to be reasonable and proper. The method and manner of distribution and allocation may be altered and changed as often as is deemed requisite. The decision [decisions] of said board of directors, as determined from time to time, shall be expressed in rules and regulations to be adopted and published as hereinbelow specified.
History:
1941 Comp., § 77-2727b, enacted by Laws 1951, ch. 222, § 2; 1953 Comp., § 75-28-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 359.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-51 - Rules and regulations.

The method of distribution and allocation of available irrigation waters shall be set forth in rules and regulations to be adopted by the board of directors of conservancy districts, in consultation with the chief engineer thereof, which said rules and regulations, before becoming effective, shall be published in English only in two issues, one week apart, of one legal newspaper in each county embraced within such conservancy district, and by posting one copy in English only of such rules and regulations at the courthouse of each county within such conservancy district. If there be no newspaper published in any such county, then copies of such rules and regulations shall be posted in English only at three public places within such county, in addition to posting at the county courthouse; the said notices to be posted at least seven days before the effective date of such rules and regulations.
History:
1941 Comp., § 77-2727c, enacted by Laws 1951, ch. 222, § 3; 1953 Comp., § 75-28-30.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-52 - Enforcement.

Conservancy districts, having adopted rules and regulations providing for the distribution and allocation of irrigation waters pursuant to the provisions of this act [73-14-49 to 73-14-53 NMSA 1978], shall have all powers available by law to enforce the same, including the right of injunction and mandamus.
History:
1941 Comp., § 77-2727d, enacted by Laws 1951, ch. 222, § 4; 1953 Comp., § 75-28-31.
ANNOTATIONS
Cross references.
— For mandamus,
see
44-2-1 NMSA 1978 et seq.
For injunctions,
see
Rule 1-066 NMRA.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-53 - Penalties.

Any person, partnership, association, private or public corporation or entity wilfully failing to comply with such rules and regulations, and violating same, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment for not less than six months or more than one year, or by a fine of not to exceed $3000 or both such fine and imprisonment within the discretion of the court.
History:
1941 Comp., § 77-2727e, enacted by Laws 1951, ch. 222, § 5; 1953 Comp., § 75-28-32.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-54 - [Abolition of boards of directors or commissioners of districts having 100,000 acres or less; creation of new boards of directors; powers and duties.]

That as the same are now constituted under the provisions of "The Conservancy Act of New Mexico," "boards of commissioners," and "boards of directors" of all conservancy districts except as hereinafter provided shall be abolished and shall cease to exist upon the happening of the events hereinafter specified.
In lieu of the boards hereby abolished, there is hereby created within and for each conservancy district, now or hereafter organized and existing under and by virtue of said Conservancy Act of New Mexico, a board of directors, which shall bear the name "Board of Directors of the . . . . . . . . . . . Conservancy District"; shall be a body corporate, may sue and be sued and which shall succeed to, have, exercise, enjoy, assume and perform all of the rights, powers, obligations and duties now by law vested in, conferred upon, imposed upon or required of, the boards hereby abolished.
History:
1941 Comp., § 77-2728, enacted by Laws 1943, ch. 126, § 1; 1953 Comp., § 75-28-33.
ANNOTATIONS
Effective dates.
— Laws 1943, ch. 126, contained no effective date provision, but was enacted at a session which adjourned on April 12, 1943.
See
N.M. Const., art. IV, § 23.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "Conservancy Act",
see
compiler's notes to 73-14-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-55 - Boards of directors; membership; qualifications.

The boards of directors created in Sections 73-14-54 through 73-14-69 NMSA 1978 shall consist of five directors, each of whom must own real property within the conservancy district that is subject to conservancy district appraisals, assessments, levies and taxes, and each of whom must actually reside within the conservancy district and also within the county from which the director is elected.
History:
1941 Comp., § 77-2729, enacted by Laws 1943, ch. 126, § 2; 1953 Comp., § 75-28-34; 2018, ch. 79, § 144.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, added the section heading, and after "created", added "in Sections 73-14-54 through 73-14-69 NMSA 1978".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-56 - [Election of board members.]

All of said directors shall be elected at large by the qualified electors of the entire district.
History:
1941 Comp., § 77-2730, enacted by Laws 1943, ch. 126, § 3; 1953 Comp., § 75-28-35.
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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-57 - Definition of "qualified electors"; qualified elector list.

A. The term "qualified electors", as used in Sections 73-14-54 through 73-14-69 NMSA 1978, means only those persons who have reached the age of majority and, for at least six months prior to the election, have owned, during the entire six-month period, real property situated within the district that is subject to conservancy district appraisals, assessments, levies and taxes.
B. The conservancy district shall compile and deliver a qualified elector list to the appropriate county clerk no later than one hundred eighty days before an election, and update the list every thirty days until ninety days before the election, which list the county clerk shall use for that election.
History:
1941 Comp., § 77-2731, enacted by Laws 1943, ch. 126, § 4; 1953 Comp., § 75-28-36; Laws 1973, ch. 134, § 1; 2018, ch. 79, § 145.
ANNOTATIONS
Cross references.
— For age of majority,
see
12-2A-3 and 28-6-1 NMSA 1978.
The 2018 amendment,
effective July 1, 2022, required the conservancy district to compile a list of qualified electors and to provide the list to the county clerk to be used for elections; added subsection designation "A."; and added Subsection B.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-58 - Terms; vacancies.

Each director shall be elected for a term of six years from and after the date of election and, unless removed from office as provided in Section 73-14-59 NMSA 1978, shall serve until a successor is duly elected and has qualified; provided that at the first election, one director shall be elected for a term of two years, two for a term of four years and two for a term of six years, to be determined according to counties if there is land in any district in more than one county, by the board calling the election. Appointments to fill vacancies shall be for the unexpired term of the director whose office becomes vacant.
History:
1941 Comp., § 77-2732, enacted by Laws 1943, ch. 126, § 5; 1953 Comp., § 75-28-37; 2018, ch. 79, § 146.
ANNOTATIONS
Cross references.
— For organization of boards,
see
73-14-33 NMSA 1978.
The 2018 amendment,
effective July 1, 2022, removed language unrelated to terms and vacancies of the board of directors; added the section heading; and after "as provided", added "in Section 73-14-59 NMSA 1978", and after "the director whose office becomes vacant.", deleted the remainder of the section, which related to the transfer of functions from an outgoing board of directors to a new board of directors.
Temporary provisions.
— Laws 2018, ch. 79, § 173 provided:
A. The term of a conservancy district or watershed district board member that was set to expire on or before June 30, 2024 pursuant to the governing statutes of that district in effect before July 1, 2022 shall expire on December 31, 2023, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2023 for a term beginning on January 1, 2024.
B. The term of a conservancy district or watershed district board member that was set to expire on or after July 1, 2024 but on or before June 30, 2026 pursuant to the governing statutes of that district in effect before July 1, 2022 shall expire on December 31, 2025, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2025 for a term beginning on January 1, 2026.
C. The term of a conservancy district or watershed district board member that was set to expire on or after July 1, 2026 pursuant to the governing statutes of that district in effect before July 1, 2022 shall expire on December 31, 2027, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2027 for a term beginning on January 1, 2028.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-59 - [Suspension or removal of directors.]

Any elected director may be suspended or removed from office by order or judgment of the district court of the county of said director's residence, in the same manner, under the same procedure and for the same causes as are or may be provided by the laws governing the removal of county officers.
History:
1941 Comp., § 77-2733, enacted by Laws 1943, ch. 126, § 6; 1953 Comp., § 75-28-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For removal of county officers,
see
10-4-1 to 10-4-29 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-60 - [Board empowered to fill vacancies.]

The board of directors, hereby created, shall have the power to fill any vacancy in its membership for the unexpired term of the member in whose office such vacancy occurs.
History:
1941 Comp., § 77-2734, enacted by Laws 1943, ch. 126, § 7; 1953 Comp., § 75-28-39.
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 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-61 - Notice of candidacy; signatures of electors.

Any qualified elector who desires to become a candidate for election as a director shall file with the proper filing officer in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978] a written notice of candidacy, which shall state the candidate's name and residence within the conservancy district. If the candidate is a candidate at large, the candidate's notice of candidacy shall be signed by twenty qualified electors resident within the district. If the candidate is a candidate only from that portion of the district that lies within one county, the candidate's notice of candidacy shall be signed by ten qualified electors who reside within that particular portion of the district and county from which the candidate seeks to be elected.
History:
1941 Comp., § 77-2735, enacted by Laws 1943, ch. 126, § 8; 1953 Comp., § 75-28-40; Laws 1975, ch. 41, § 1; 2018, ch. 79, § 147.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2022, required any qualified elector who desires to become a candidate for election as a director of the conservancy district board to file a notice of candidacy with the proper filing officer in accordance with the provisions of the Local Election Act; and after "election as a director shall", deleted "at least forty days prior to the election", after "file with the", deleted "secretary of the board of directors then in office his" and added "proper filing officer in accordance with the provisions of the Local Election Act a", after "name and residence", deleted "and the term for which he is a candidate for election", and deleted the last sentence of the section which stated "No person who has not filed his notice of candidacy as and within the time required in this section shall be placed on the ballot."
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-62 - Time, place and procedure for election.

The five director-members of the board of directors created by Sections 73-14-54 through 73-14-69 NMSA 1978 shall be elected in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
1941 Comp., § 77-2736, enacted by Laws 1943, ch. 126, § 9; 1953 Comp., § 75-28-41; Laws 1959, ch. 313, § 1; 2018, ch. 79, § 148.
ANNOTATIONS
Cross references.
— For first election after constructing works of district,
see
73-14-69 NMSA 1978.
The 2018 amendment,
effective July 1, 2022, provided that elections for the conservancy district board of directors shall be held in accordance with the Local Election Act; and after "board of directors created", added "by Sections 73-14-54 through 73-14-69 NMSA 1978", and after "shall be elected", deleted the remainder of the section and added "in accordance with the provisions of the Local Election Act."
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-63 - Repealed.

History:
1941 Comp., § 77-2737, enacted by Laws 1943, ch. 126, § 10; 1953 Comp., § 75-28-42; 1978 Comp., § 73-14-63, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-63 NMSA 1978, as enacted by Laws 1943, ch. 126, § 10, relating to ballots, printing and distribution, form, manner of marking, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-64 - Repealed.

History:
1941 Comp., § 77-2738, enacted by Laws 1943, ch. 126, § 11; 1953 Comp., § 75-28-43; 1978 Comp., § 73-14-64, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-64 NMSA 1978, as enacted by Laws 1943, ch. 126, § 11, relating to conduct of election, procedure, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-65 - Repealed.

History:
1941 Comp., § 77-2739, enacted by Laws 1943, ch. 126, § 12; 1953 Comp., § 75-28-44; 1978 Comp., § 73-14-65, repealed by Laws 2018, ch. 79, § 176.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 176 repealed 73-14-65 NMSA 1978, as enacted by Laws 1943, ch. 126, § 12, relating to canvass of returns, certificates of election, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-66 - [Election expenses; payment; levy of tax.]

The board of directors of conservancy districts are hereby authorized to pay out of the treasury all sums necessary to meet the actual expenses of elections and to levy a tax, upon all property within said district which is subject to district assessment or taxation, which shall be sufficient to meet election expenses.
History:
1941 Comp., § 77-2740, enacted by Laws 1943, ch. 126, § 13; 1953 Comp., § 75-28-45.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-67 - [Election violations; penalty.]

Whoever, not being a qualified elector as herein defined, shall vote at the election herein provided for, or being a judge of election shall wilfully miscount the ballots cast or shall wilfully make false certificate of the number of votes received by each candidate, or otherwise falsely certify election results; or any canvassing officer who shall wilfully falsely canvass and declare the results of said canvass, and any director or secretary of the board of directors who shall wilfully refuse to perform the duties upon him imposed by this act [73-14-54 to 73-14-69 NMSA 1978], shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year or more than five years and [or] by fine not to exceed $5000, or both such fine and imprisonment within the discretion of the court.
History:
1941 Comp., § 77-2741, enacted by Laws 1943, ch. 126, § 14; 1953 Comp., § 75-28-46.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.