2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-17 - Appointment of directors.

A. Within thirty (30) days after entering the decree incorporating said district or, in cases of conservancy districts heretofore created under the laws of the state of New Mexico, within thirty (30) days after the passage and approval of this act (§§ 77-2701 - 77-2928, 77-3001 - 77-3024) the conservancy court shall appoint as a board of directors of the district, five (5) persons. Directors must be residents of and owners of property in the district, provided, however, in districts embracing lands situate in four or more counties the number of directors appointed shall be seven (7) and, at least one (1) director shall be a resident of and appointed from each county therein, and no more than two (2) directors so appointed shall be residents of the same county and provided further that, in districts embracing lands situate in four (4) or more counties at least one (1) director shall be appointed from each county having land within such district and each director so appointed shall be a person who is a resident of and owner of land within the district who derives not less than 75% of his income from irrigation farming. Said directors shall be appointed for terms of six (6) years. The court shall fill all vacancies which may occur on said board. Each director shall hold office during the term for which he is appointed and until his successor is duly appointed and has qualified, being removable therefrom only for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized, and shall furnish a corporate surety bond at the expense of the district in amount and form fixed and approved by the court, conditioned upon the faithful performance of his duties as such director, which shall be filed in the office of the clerk.
B. All of the provisions of this act (Secs. 77-2701 - 77-2928, 77-3001 - 77-3024), and of proceedings thereunder and relating to the qualifications, powers and duties of "director" and "boards [board] of directors" shall apply to the "commissioners" and "board of commissioners" provided for in this section; and whenever the term "director" or "board of directors" is used in this act (Secs. 77-2701 - 77-2928, 77-3001 - 77-3024) with reference to their organization, powers and duties, it shall be taken and construed to mean and include the "commissioners" and "board of commissioners" created by this section. Vacancies on the board by expiration of term or otherwise shall be filled in the same manner as original appointment. The office of director and the board of directors created under Chapter 140 of the Laws of 1923, so far as it relates to any conservancy district organized thereunder for the protection and conservation of lands in the Rio Grande valley, extending into two (2) or more judicial districts is hereby terminated and abolished.
History:
Laws 1927, ch. 45, § 301; C.S. 1929, § 30-301; Laws 1933, ch. 80, § 2; 1941 Comp., § 77-2711; Laws 1953, ch. 183, § 1; 1953 Comp., § 75-28-11.
ANNOTATIONS
Emergency clauses.
— Laws 1933, ch. 80, § 3, made the act effective March 14, 1933.
Compiler's notes.
— The words "after the passage and approval of this act," in the first sentence, were inserted by Laws 1933, ch. 80, § 2.
"This act" as used in this section originally referred to Laws of 1933, ch. 80, presently compiled as 73-14-3 and 73-14-17 NMSA 1978. Laws 1953, ch. 183, § 1 substantially expanded the meaning of "this act" by inserting in parentheses after "this act" references to the 1941 compilation which references are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-54 and 73-17-1 to 73-17-24 NMSA 1978.
Laws 1927, ch. 45, § 910, compiled as 73-17-23 NMSA 1978 repeals Laws 1923, ch. 140, relating to establishing conservancy districts to cooperate with the federal government under federal reclamation law.
With respect to directors or commissioners in districts having 100,000 acres or less after the works have been constructed, this section is superseded by 73-14-54 to 73-14-69 NMSA 1978.
Former provisions for appointment of board of directors constitutional.
— Laws 1923, ch. 140, § 301, (repealed), providing for the appointment of the board of directors for the conservancy district by district court, did not violate N.M. Const., art. II, § 3.
In re Proposed Middle Rio Grande Conservancy Dist.
, 1925-NMSC-058, 31 N.M. 188, 242 P. 683 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.