2023 New Mexico Statutes › Chapter 72 - Water Law › Article 3 - Water Districts and Water Masters › Section 72-3-4 - Compensation of water master; assistants; budget; tax; administration fund.

The state engineer may employ such assistants to any water master by him appointed as he may deem necessary, and each water master and each assistant so employed shall be paid a compensation to be fixed by the state engineer and also such of his actual and necessary expenses incurred in the performance of his duties as shall be approved in writing by the state engineer. Provided, that such employment of assistants shall be only in cases of emergency and such employment shall continue only during the existence of such emergency.
As soon as possible after the appointment of any water master, the state engineer shall prepare a budget of estimated amounts required to pay the compensation and expenses of the water master and his assistants to the end of the then current fiscal year, and shall certify the same to the board of county commissioners of the county wherein the duties of the water master are to be performed, which budget shall specify the distribution of the amounts to be charged against and allotted to each water user or ditch owner, and which respective amounts shall be based upon the quantity of water received or to be received by each in proportion to the total quantities of water delivered or to be delivered under the water rights of all.
Thereafter, before the beginning of each succeeding fiscal year, the state engineer shall likewise prepare a similar budget for the ensuing fiscal year and shall likewise certify the same to the proper board of county commissioners.
If a water district for which a water master is appointed lies within more than one county, the budget shall be certified to the board of county commissioners of each county within which any portion of such district is situated, and shall set out the proportionate amount of the budget total to be paid by each county respectively.
When such budgets are received by the board of county commissioners, it shall immediately cause the county treasurer to extend upon the tax rolls of the county for the year contemplated in the budget, the amounts therein required to be raised and in accordance with the budget distribution thereof, and such respective amounts so distributed and entered upon said tax rolls shall be payable and shall be collected at the times and in the manner provided by law for the payment and collection of other taxes, and shall be a lien upon the property of the respective water users or ditch owners to the same extent other taxes levied are a lien thereon. When collected, the county treasurer shall place such monies into a special fund to be designated as "water masters administration fund for the district of . . . . . . . . . . (name of district)" and such fund shall be expended only for the purposes set out in said budget.
The salary and expenses of the water master and of his assistants shall be paid monthly by the board of county commissioners out of said special fund so created only upon the itemized voucher of the state engineer.
If for any reason there shall be a temporary insufficiency of moneys in said special fund for the payment of the accrued salaries and expenses of the water master and his assistants, the board of county commissioners may pay the same out of any available moneys in the general county fund, or the state engineer may pay the same out of any general fund money appropriated for the operation of his office; but in either event the general county fund or the state general fund, as the case may be, shall be reimbursed the amounts expended therefrom for such purposes, as soon as there may be moneys available therefor in the water masters administration fund hereinabove designated.
History:
Laws 1907, ch. 49, § 16; Code 1915, § 5669; C.S. 1929, § 151-116; Laws 1935, ch. 78, § 2; 1941 Comp., § 77-304; 1953 Comp., § 75-3-4; Laws 1965, ch. 124, § 2.
ANNOTATIONS
Cross references.
— For the state engineer,
see
72-2-1 NMSA 1978.
Ministerial duty.
— County commissioners, having received certified budget, were bound to comply with this section, which imposed upon them a ministerial duty in which there was no discretion and for which mandamus would lie.
State ex rel. Reynolds v. Board . of Cnty. Comm'rs
, 1962-NMSC-030, 71 N.M. 194, 376 P.2d 976;
see also
,
State ex rel. Reynolds v. Zamora
, 1966-NMSC-025, 76 N.M. 145, 412 P.2d 568, making permanent the alternative writ of prohibition enjoining and prohibiting interference with duty of county commissioners to cause taxes in question to be entered on tax rolls.
Charge not "tax".
— This law provides, in effect, method for charging individual landowners or water users for special services rendered; however, no tax in the constitutional sense nor legislative enactment on real, personal or intangible property, is imposed by this section. 1958 Op. Att'y Gen. No. 58-77.
Remedy for delinquency.
— Tax deed could not be executed and forwarded to former state tax commission by county treasurer as means of collecting delinquent water master assessment; foreclosure suit must be instituted. 1958 Op. Att'y Gen. No. 58-77.
Federal agencies to pay for services.
— Agency of United States government, classed as water user, is under same obligation as any other water user for payment for services. 1953 Op. Att'y Gen. No. 53-5675.
Living quarters for water master.
— Where services of a water master are necessary in utilizing and conserving certain stored water and it is necessary to provide, by purchase or otherwise, necessary living quarters for water master, use of trust fund for such purchase would not be violation of the trust under Enabling Act. 1953 Op. Att'y Gen. No. 53-5682.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drains and Drainage Districts § 34.
81A C.J.S. States § 105.