reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-17 - How revenue raised to pay bonds; service charges within district to be uniform; may use highways.

Said bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property within the district and such real property shall be and remain liable to be assessed and taxed for such payments as herein provided.
Provided that any revenue derived by the district on account of the service charge over and above the amounts required for maintenance and operation of power plant or plants, ditches, canals and general overhead expenses of the district shall be considered "surplus" and covered into the bond fund of the district, and in the succeeding year the board of directors in making up an estimate of assessments to meet the interest on such bonds or the principal on such bonds as may become payable in such year shall take into account the money in said bond fund derived from such "surplus."
The service charges to the electors within the district shall be uniform. The primary object of the district being, the providing of power or fuel for pumping for irrigation purposes and it shall not be lawful to extend such service to points outside of such district except there be a surplus of power over and above the needs for irrigation purposes and other purposes within the district, but the board of directors are authorized to make reasonable contracts with the state of New Mexico, cities and towns, or other municipal corporations of said state and with other persons and corporations to supply such surplus power, if any, or to carry out the construction plans or other plans of organization of the district. Any district organized under this act [73-12-1 to 73-12-57 NMSA 1978] shall have the use of public highways, roads, streets and alleys in or outside such district to the extent needed to transmit power or fuel into the district, but such use shall be subject to the primary use of the public to such highways, streets and alleys and shall be under such reasonable conditions and restrictions as may be made by the board of county commissioners in the county in which the same are situated or of the board of trustees or of the city council of such towns and cities in which the same are situated. The said board of directors shall have power to construct, operate, lease and control plants for the generation, distribution, sale, lease and use of electric energy and to construct, operate, lease and control pipelines for the transmission of oil or gas to be used in connection with the purposes for which such district is organized.
History:
Laws 1929, ch. 76, § 17; C.S. 1929, § 73-717; 1941 Comp., § 77-2417; 1953 Comp., § 75-25-17.
ANNOTATIONS
Cross references.
— For excavation damage to underground utility lines,
see
62-14-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 68.
94 C.J.S. Waters § 330.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-19 - Duties of county assessor.

It shall be the duty of the county assessor of any county embracing the whole or a part of any irrigation district to assess and enter upon his tax roll each year the name of the owner and the description, and area of, each tract of land in said district in said county subject to taxation under this act [73-12-1 to 73-12-57 NMSA 1978], and to deliver a certified list thereof to the county commissioners of said county and to transmit a like certified list to the county commissioners of the county in which the office of said district is located; and upon receipt by such assessor of the notice from the county commissioners of the levies to be made as hereinafter provided, he shall extend the same upon his tax roll to be collected in the same manner as other taxes; provided, that in no case shall any land be taxed for any purpose under this act which from any natural cause cannot be irrigated by the irrigation system of said district, or is incapable of cultivation: provided further, that such exception from taxation shall not apply to any land until the same shall have been excluded for that purpose by order of the board of directors in a proper proceeding as provided by this act and after a certified copy of such order shall have been filed for record in the office of the county clerk of the county wherein such lands are situate.
History:
Laws 1929, ch. 76, § 19; C.S. 1929, § 73-719; 1941 Comp., § 77-2419; 1953 Comp., § 75-25-19.
ANNOTATIONS
Cross references.
— For property taxation,
see
7-35-1 to 7-35-10, 7-36-1 to 7-36-33, 7-37-1 to 7-37-8, 7-38-1 to 7-38-93 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-20 - Board of county commissioners to fix rate per-acre levy.

It shall be the duty of the county commissioners of the county in which is located the office of any irrigation district, immediately upon receipt of the said certified list of the lands in said district subject to tax hereunder, and upon the receipt of the certificate of the said board of directors certifying the total amount of money required to be raised as herein provided to fix the rate per acre of levy necessary to provide said amount of money, and to fix the rate per acre necessary to provide the amount of money required to pay the interest and principal of the bonds of said district as the same shall become due; also to fix the rate per acre necessary to provide the amount of money required for any other purposes as in this act [73-12-1 to 73-12-57 NMSA 1978] provided, and which are to be raised by the levy of taxes upon the lands of said district; and to certify said respective levies to the county commissioners of each other county embracing any portion of said district. The rate of levy necessary to raise the required amount of money for said district shall be increased fifteen percent to cover delinquencies. For the purpose of said district, it shall be the duty of the county commissioners of each county in which any irrigation district is located in whole or in part, at the time of making levy for county purposes, to make a levy, as above provided, upon all lands in said district within their respective counties subject to taxation under this act and to deliver a notice to the county assessor thereof.
History:
Laws 1929, ch. 76, § 20; C.S. 1929, § 73-720; 1941 Comp., § 77-2420; 1953 Comp., § 75-25-20.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 70 to 72.
94 C.J.S. Waters §§ 332 to 334.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-22 - Revenue laws of state to govern; may refuse service to delinquents.

The revenue laws of this state for the assessment, levying and collection of taxes on real estate for county purposes, except as herein modified, shall be applicable for the purposes, of this act [73-12-1 to 73-12-57 NMSA 1978], including the enforcement of penalties and forfeitures for delinquent taxes. All interest that may be collected on delinquent taxes levied and assessed for district purposes under the provisions of Chapter 41, Laws of 1919, and all interest from that source in hands of county treasurers shall be credited to the several district funds in proportion to the amounts thereof as certified by the board of directors of such district.
In addition to such penalties and forfeitures the board of directors of each district is hereby authorized to refuse during any current year, to deliver water from the canals and reservoirs of the district, or purchased from any other district, person or corporation, to any land for irrigation thereof or domestic use thereon, so long as any taxes assessed and levied for district purposes against such land, or any interest, cost or penalties accrued thereon, are due, delinquent and unpaid.
In case the lists or certificates in this act required to be made as the basis for the tax levy for district purposes shall not be made within the time in this act prescribed, or in case such levy is not made or certified by the board of county commissioners before the tax roll is made up for any year, such lists and certificates shall nevertheless be made and such levy made and extended on the tax roll with the same effect as if made within the time prescribed by law. It shall be the duty of the board of directors to purchase in the name of such district any property which may be sold for delinquent taxes under this act, and said board is authorized to take title to such land in the name of the district, and to sell and convey the same when it has acquired title thereto, at a price not less than the taxes, penalty and interest accrued thereon.
History:
Laws 1929, ch. 76, § 22; C.S. 1929, § 73-722; 1941 Comp., § 77-2422; 1953 Comp., § 75-25-22.
ANNOTATIONS
Compiler's notes.
— For the provisions of Laws 1919, ch. 41,
see
73-9-1 to 73-9-6, 73-9-8, 73-9-10 to 73-9-19, 73-9-22, 73-9-24, 73-9-26 to 73-9-62 NMSA 1978.
Cross references.
— For collection of real estate taxes,
see
7-35-1 to 7-35-10, 7-36-1 to 7-36-33, 7-37-1 to 7-37-8, 7-38-1 to 7-38-93 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 72.
94 C.J.S. Waters § 332.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-23 - Construction and material contracts to be let to lowest bidder.

After adopting a plan for the construction of power plants, transmission lines, pipelines, canals, reservoirs and works, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation district extends, provided a newspaper is published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for proposals or may proceed to construct the work under their own superintendence.
Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge subject to the approval of the board.
History:
Laws 1929, ch. 76, § 23; C.S. 1929, § 73-723; 1941 Comp., § 77-2423; 1953 Comp., § 75-25-23.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 92.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-24 - Payment of claim; when warrants to issue; claims to be verified; record to be kept.

No claims shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall state the date authorized by the board and for what purpose; provided, no warrant shall be issued or obligation incurred unless the district treasurer has sufficient funds on hand to pay such warrant when it is presented for payment. All claims against the district shall be verified and the secretary of the district is hereby authorized and empowered to administer oath to the parties verifying said claims, the same as the county clerk or a notary public might do. The district treasurer shall keep a register in which he shall enter each warrant as issued and as presented for payment showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment and all warrants shall be paid in the order of their presentation for payment to the district treasurer. All warrants shall be drawn payable to the claimant or bearer, the same as county warrants.
History:
Laws 1929, ch. 76, § 24; C.S. 1929, § 73-724; 1941 Comp., § 77-2424; 1953 Comp., § 75-25-24.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 66.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-25 - [Service charges to pay operation and maintenance; tax levy; employment of electrician or mechanic.]

For the purpose of defraying the expenses of the organization of the district and the care, operation, management, repair and improvements of all canals, ditches, reservoirs, water wells, power plants, electrical motors, engines, power plants, transmission lines, pipelines and other works including drainage works and including salaries of officers and employees and for rental of [or] charges for water, power or fuel supplied to said district under any contract with owners of other irrigation works or power plants, or transmission lines or pipelines, the board may fix rates of tolls and charges and collect the same of all persons using such canals, ditches, water for irrigation or power or fuel for irrigation, or other purposes, or may provide in whole or in part payment of such expenditures by levy of taxes therefor, as hereinbefore provided, or by both tolls and taxes. In case the money raised be insufficient and in case bonds be unavailable for the construction or completion of any works in accordance with plans adopted, it shall be the duty of the board of directors to provide for the completion by causing the levy of a tax therefor in the same manner in which levy of taxes is made for the other purposes provided for in this act [73-12-1 to 73-12-57 NMSA 1978].
The board of directors may employ an expert electrician or mechanic to keep all electrical motors, engines and pumps and other service properties in good repair, so as to produce the maximum efficiency.
History:
Laws 1929, ch. 76, § 25; C.S. 1929, § 73-725; Laws 1931, ch. 133, § 4; 1941 Comp., § 77-2425; 1953 Comp., § 75-25-25.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 70.
94 C.J.S. Waters § 332.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-26 - Right of eminent domain.

The board of directors shall have the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals, power, transmission or pipelines may intersect or cross; and if said board and the owners or controllers of the property so to be crossed cannot agree on the amount to be paid therefor, or as to the points or the matter of said crossings, the same shall be ascertained and determined in all respects as is provided by law in respect to the taking of land for public uses. The right-of-way is hereby granted to locate, construct and maintain said works or reservoirs, over, through or upon any of the lands which are now, or may be the property of the state.
History:
Laws 1929, ch. 76, § 26; C.S. 1929, § 73-726; 1941 Comp., § 77-2426; 1953 Comp., § 75-25-26.
ANNOTATIONS
Cross references.
— For eminent domain,
see
42A-1-1 NMSA 1978 et seq.
For bridges over road crossings,
see
67-7-9 and 72-8-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 89.
Eminent domain for water power, combination of public and private purposes, 53 A.L.R. 9
94 C.J.S. Waters § 315.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-27 - Compensation of board; members may not be interested in any contract.

The board of directors shall each receive compensation at the rate of two and one-half dollars ($2.50) per day while attending meetings, and their actual and necessary expenses while engaged in official business. The salary of the secretary shall not exceed eight hundred dollars ($800) per annum. No director or any officer named in this act [73-12-1 to 73-12-57 NMSA 1978] shall, in any manner, be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; nor shall such director or officer receive any bonus, gratuity or bribe; and for any violation of this provision any such director or officer shall be deemed guilty of a felony, and upon conviction thereof shall forfeit his office, and be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the penitentiary not exceeding five years nor less than one year.
History:
Laws 1929, ch. 76, § 27; C.S. 1929, § 73-727; 1941 Comp., § 77-2427; 1953 Comp., § 75-25-27.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-28 - Board of directors have no power to incur debt other than provided in this act.

The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever either by issuing bonds or otherwise, in excess of the express provisions of this act [73-12-1 to 73-12-57 NMSA 1978], and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.
History:
Laws 1929, ch. 76, § 28; C.S. 1929, § 73-728; 1941 Comp., § 77-2428; 1953 Comp., § 75-25-28.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 65.
94 C.J.S. Waters § 318.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-29 - Manner of distribution of power or water.

In case the volume of water in any canal, reservoir or other works or in case the volume of power or fuel in any district shall not be sufficient to supply the continual wants of the entire district and all lands susceptible of irrigation therein, then it shall be the duty of the board of directors to distribute all available water, power or fuel upon certain or alternate days to different users or localities, as they may in their judgment think best, for the interest of all parties concerned, provided, however, that power or fuel for the production of power shall be first served to the fullest extent practicable for use in pumping of water for irrigation.
History:
Laws 1929, ch. 76, § 29; C.S. 1929, § 73-729; 1941 Comp., § 77-2429; 1953 Comp., § 75-25-29.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 49.
94 C.J.S. Waters § 314.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-30 - Prior water rights not affected.

Nothing herein contained shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal or reservoir.
History:
Laws 1929, ch. 76, § 30; C.S. 1929, § 73-730; 1941 Comp., § 77-2430; 1953 Comp., § 75-25-30.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-31 - Boundaries may be changed, but such change shall not affect obligations incurred.

The boundaries of any irrigation district now or hereafter organized under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978], may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it or the owner of lands therein were or might become liable or chargeable had such change of its boundaries not been made.
History:
Laws 1929, ch. 76, § 31; C.S. 1929, § 73-731; 1941 Comp., § 77-2431; 1953 Comp., § 75-25-31.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 60.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-32 - Petition for inclusion of land.

The holder or holders of title, or evidence of title, or [of] any body of land adjacent to or situate within the boundaries of any irrigation district, may file with the board of directors of said district a petition in writing, praying that such lands be included in such district. The petition shall describe the tracts, or body of land owned by the petitioners, but such description need not be more particular than is required when such lands are entered by the county assessor in the assessment book. Such petition shall be deemed to give the assent of the petitioners to the inclusion of [in] such district of the lands described in the petition and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
History:
Laws 1929, ch. 76, § 32; C.S. 1929, § 73-732; 1941 Comp., § 77-2432; 1953 Comp., § 75-25-32.
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 12 - Electrical Irrigation Districts › Section 73-12-33 - Notice of application for inclusion of land to be published.

The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once a week for three successive weeks in a newspaper published in the county where the office of said board is situate, which notice shall state the filing of such petition and the names of the petitioners; a description of the lands mentioned in the petition, and the prayer of said petitioners; giving notice to all persons interested, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the petition should not be granted. The time specified in the notice at which it shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under such petition before the secretary shall be required to give such notice.
History:
Laws 1929, ch. 76, § 33; C.S. 1929, § 73-733; 1941 Comp., § 77-2433; 1953 Comp., § 75-25-33.
ANNOTATIONS
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-34 - Hearing on petition for inclusion of land.

The board of directors, at the time and place mentioned in said notice, or at such time or times to which the hearing of such petition may be adjourned, shall proceed to hear the petition, and all objections thereto, presented in writing by any person showing cause as aforesaid why said petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the inclusion of such lands in said district as prayed for in said petition.
History:
Laws 1929, ch. 76, § 34; C.S. 1929, § 73-734; 1941 Comp., § 77-2434; 1953 Comp., § 75-25-34.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-35 - Terms on which lands may be included.

The board of directors to whom such petition is presented may require as a condition precedent to the granting of the same that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as said petitioners or their grantors would have been required to pay for their pro rata share of all bonds and the interest thereon which may have previously thereto be [been] issued by said district had such lands been included in such district at the time the same was originally formed or when said bonds were so issued; and said board may require such petitioners to pay for such further sums as the board may deem just on account of irrigation works or water rights paid for otherwise than by issue of bonds.
History:
Laws 1929, ch. 76, § 35; C.S. 1929, § 73-735; 1941 Comp., § 77-2435; 1953 Comp., § 75-25-35.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-36 - Action of board on petition to include land; order describing new boundaries; electors may protest.

The board of directors if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall by order reject the said petition, but if they deem it for the best interests of the district that said lands be included the board may order that the district be so changed as to include therein the lands mentioned in the said petition. The order shall describe the entire boundaries of the district with the lands so included, if the district boundaries be changed thereby, and for that purpose the board may cause a survey to be made of such portion of such boundaries as may be deemed necessary; provided, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the inclusion of such lands, in said district, said order shall be held for naught and said lands shall not be included therein.
History:
Laws 1929, ch. 76, § 36; C.S. 1929, § 73-736; 1941 Comp., § 77-2436; 1953 Comp., § 75-25-36.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-37 - Board to transmit order and plat of new boundaries to county clerk.

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district showing such change, certified by the president and secretary, shall be filed for record in the office of the county clerk of each county in which are situate any of the lands of the district, and the district shall remain an irrigation district as fully to all intents and purposes as if the lands which are included in the district by the change aforesaid had been included therein at the organization of the district; and said district as so changed and all the lands therein shall be liable for all existing obligations and indebtedness of the organized district.
Upon the filing of the order and the plat, as herein mentioned, copies thereof, certified by said county clerk, shall be admissible in evidence to prove the inclusion of said lands in said district.
History:
Laws 1929, ch. 76, § 37; C.S. 1929, § 73-737; 1941 Comp., § 77-2437; 1953 Comp., § 75-25-37.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-38 - Authority to sign petition of protest.

A guardian, conservator or personal representative of an estate, who is appointed as such under the laws of this state, and who, as such guardian, conservator or personal representative is entitled to the possession of the lands belonging to the estate which he represents, may on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign any petition or protest in this act [73-12-1 to 73-12-57 NMSA 1978] mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed or additional lands included therein.
History:
Laws 1929, ch. 76, § 38; C.S. 1929, § 73-738; 1941 Comp., § 77-2438; 1953 Comp., § 75-25-38; Laws 1975, ch. 257, § 8-131.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-39 - Board may redivide district for election purposes [after inclusion of land].

In case of the inclusion of any lands within any district by proceedings under this act [73-12-1 to 73-12-57 NMSA 1978] the board of directors, shall, if they deem necessary, at least thirty days prior to the next succeeding regular election, make an order redividing such district into three divisions, as nearly equal in size as may be practicable, and one director shall thereafter be elected for each division as hereinbefore provided.
History:
Laws 1929, ch. 76, § 39; C.S. 1929, § 73-739; 1941 Comp., § 77-2439; 1953 Comp., § 75-25-39.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-40 - Land may be excluded from district.

Any tract of land included within the boundaries of any such district, at or after its organization under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978], may be excluded therefrom, in the manner herein prescribed, but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatever kind or nature; nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which the district or the land so excluded is liable or chargeable, at the time such land is excluded from the district.
History:
Laws 1929, ch. 76, § 40; C.S. 1929, § 73-740; 1941 Comp., § 77-2440; 1953 Comp., § 75-25-40.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-41 - Owner shall file petition for exclusion.

The owner or owners in fee of any lands constituting a portion of any irrigation district may file with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The petition shall describe the lands which the petitioners desire to have excluded, but the description of such lands need not be more particular than required when lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in case of a conveyance of land.
History:
Laws 1929, ch. 76, § 41; C.S. 1929, § 73-741; 1941 Comp., § 77-2441; 1953 Comp., § 75-25-41.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-42 - Publish notice of petition for exclusion.

The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least three weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of said district lie within another county or counties, then said notice shall be so published in a newspaper published within each of said counties. The notice shall state the filing of such petition, the names of the petitioners, description of the lands mentioned in said petition and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at a time named in said notice, and show cause in writing, if any they have, why said petition should not be granted. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under such petition before the secretary shall give such notice.
History:
Laws 1929, ch. 76, § 42; C.S. 1929, § 73-742; 1941 Comp., § 77-2442; 1953 Comp., § 75-25-42.
ANNOTATIONS
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-43 - Board shall consider petition for exclusion.

The board of directors at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto presented in writing by any person showing cause as aforesaid why the prayer of said petition should not be granted. The filing of such petition with such board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners, to the exclusion from such district of the lands mentioned in the petition, or any part thereof.
History:
Laws 1929, ch. 76, § 43; C.S. 1929, § 73-743; 1941 Comp., § 77-2443; 1953 Comp., § 75-25-43.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-44 - Board shall act on petition for exclusion.

The board of directors, if they deem it not for the best interest of the district that the lands mentioned in the petition or any portion thereof should be excluded from said district shall order that said petition be denied; but if they deem it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if there are no outstanding bonds of the district, then the board may order the lands mentioned in the petition, or some defined portion thereof, to be excluded from the district; provided, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the exclusion of such lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom.
History:
Laws 1929, ch. 76, § 44; C.S. 1929, § 73-744; 1941 Comp., § 77-2444; 1953 Comp., § 75-25-44.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-45 - Order making change and plat to be transmitted to county clerk.

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change and a plat of such district showing such change, certified by the president and secretary, shall be filed for record in the office of the county clerk, of each county in which are situate any of the lands of the district, and the district shall remain an irrigation district as fully to all intents and purposes as if the lands which are excluded by the change aforesaid, had not been excluded therefrom.
History:
Laws 1929, ch. 76, § 45; C.S. 1929, § 73-745; 1941 Comp., § 77-2445; 1953 Comp., § 75-25-45.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-46 - Board may redivide district for election purposes [after exclusion of land].

At least thirty days before the next regular election of such district the board of directors thereof may, if they deem it necessary, make an order redividing said district into three divisions, as nearly equal in size as practicable, and one director shall be elected for each division as hereinbefore provided.
History:
Laws 1929, ch. 76, § 46; C.S. 1929, § 73-746; 1941 Comp., § 77-2446; 1953 Comp., § 75-25-46.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-47 - Supervision of electrical and mechanical appliances; schedules for use of power; regulations of quantity of water to be pumped.

The board may employ a competent engineer or mechanic whose duty it shall be to supervise the operation and maintenance of all power plants, transmission lines, motors, engines, pumps and all electrical and mechanical appliances installed by the district and may, through such engineer or otherwise, provide engineering, electrical, mechanical, irrigation and agricultural assistance and instruction to owners of lands within the district.
The board shall in its printed rules relating to the service provide schedules for irrigation by the several owners of land so as to evenly and equitably distribute the power-load and may establish rules as to the amount of water to be pumped from each of such wells in conjunction with any state authority that may now or later be vested with jurisdiction of the appropriation of water from subsurface streams or reservoirs, in order to control, as far as practicable, the water level of such subsurface streams or reservoirs, and to avoid excessive pumping which might increase the pumping cost beyond the point of efficiency.
Said board shall also have the jurisdiction and authority to stop the waste of water in such district. The board may refuse service to owners of land unless and until such owners conform to such rules so established by the board in their use of such power and water.
All such rules must be reasonable and are subject to correction by action of any person affected thereby in the district court.
History:
Laws 1929, ch. 76, § 47; C.S. 1929, § 73-747; 1941 Comp., § 77-2447; 1953 Comp., § 75-25-47.
ANNOTATIONS
Effective dates.
— Laws 1929, ch. 76, contained no effective date provision, but was enacted at a session which adjourned on March 9, 1929.
See
N.M. Const., art. IV, § 23.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 52, 53.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-48 - District shall pay tax on gross revenue derived from sales of surplus power.

Any district organized under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] shall be taxed in the sum of four percent (4%) of the gross revenue derived from the sale of surplus power, which amount shall be paid into the county treasury of the county in which such district is organized to the credit of the county road fund.
History:
Laws 1929, ch. 76, § 48; C.S. 1929, § 73-748; 1941 Comp., § 77-2448; 1953 Comp., § 75-25-48.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-49 - Petition for dissolution of district; election thereon.

Whenever a majority of the resident freeholders, representing a majority of the number of acres of the land included in any irrigation district organized or hereafter to be organized under this act [73-12-1 to 73-12-57 NMSA 1978], shall petition the board of directors to call a special election for the purpose of submitting to the qualified electors of said irrigation district a proposition to vote on the question of dissolution of said irrigation district, setting forth in said petition that all obligations, bills and claims of every nature whatsoever have been fully satisfied and paid, it shall be the duty of said directors, if they shall be satisfied that all obligations, claims and bills have been fully satisfied, to call an election, setting forth the object of the said election, and to cause notice of said election to be published in some newspaper in each of the counties in which any part of said district is located, for a period of thirty (30) days next prior to said election, setting forth the time and place for holding said election in each of the voting precincts in said district. It shall also be the duty of the directors to prepare ballots to be used at said election on which shall be written or printed words: "For Dissolution - Yes," and "For Dissolution - No."
History:
Laws 1929, ch. 76, § 49; C.S. 1929, § 73-749; 1941 Comp., § 77-2449; 1953 Comp., § 75-25-49.
ANNOTATIONS
Effective dates.
— Laws 1929, ch. 76, contained no effective date provision, but was enacted at a session which adjourned on March 9, 1929.
See
N.M. Const., art. IV, § 23.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 338.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-50 - Vote on dissolution to be canvassed.

The board of directors shall name a day for canvassing the vote, and if it shall appear that a majority of said ballots contain the words, "For Dissolution - Yes," then it shall be the duty of said board of directors to make and cause to be entered upon their records an order declaring said district to be dissolved and to certify a copy of said order to the county clerk of each county wherein any part of said district is situated. And clerks shall record all such certificates in the records of the respective counties. Should it appear that a majority of the votes cast at said election were "For Dissolution - No," then the board of directors shall declare the proposition lost and shall cause the result to be made a part of the records of said irrigation district.
History:
Laws 1929, ch. 76, § 50; C.S. 1929, § 73-750; 1941 Comp., § 77-2450; 1953 Comp., § 75-25-50.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-51 - Confirmation proceedings may be brought.

The board of directors of any irrigation district purporting to be organized under this act [73-12-1 to 73-12-57 NMSA 1978], may commence special proceeding [proceedings] in and by which the proceedings of said board and of the county commissioners for the organization of said district and for the authorizing of the issuance and sale of the bonds of said district, whether said bonds or any of them have or have not been sold or disposed of, may be judicially examined, determined, approved and confirmed, and the validity of said bonds determined, and in which proceedings there shall likewise be determined the question of benefits received by the land of any landowner owning land within said district, and as to whether or not such land of any such landowner will receive benefits equivalent to the taxes which may be necessary to be levied against his lands in order to provide funds for the payment of the bonds of district, including the amounts to be levied thereon for the purpose of paying delinquencies, as provided in Section 20 of Chapter 41, Laws of 1919 [73-9-26 NMSA 1978], as amended by Section 3 of this act.
History:
Laws 1929, ch. 76, § 51; C.S. 1929, § 73-751; 1941 Comp., § 77-2451; 1953 Comp., § 75-25-51.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— "Section 3 of this act" refers to Laws 1927, ch. 148, § 3, which amended Laws 1919, ch. 41, § 20, now compiled as 73-9-26 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-52 - Petition to be filed in district court.

The board of directors of the irrigation district shall file in the district court of the county in which the lands of the district, or some portion thereof, are situated, a petition stating briefly the facts concerning the organization of the district, a description of the boundaries of the district, the amount of the bond issue, the rate of interest, the series in which the bonds mature, the amount of the taxes necessary to be levied upon each acre of land in the district and the amount which may be levied to cover delinquencies, and praying that the proceedings, including the question of benefits, may be examined, determined, approved and confirmed by the court. The petition shall state the facts showing the proceedings leading up to the issue of said bonds, but the petition need not state in detail the facts showing such organization or the election of said board of directors.
History:
Laws 1929, ch. 76, § 52; C.S. 1929, § 73-752; 1941 Comp., § 77-2452; 1953 Comp., § 75-25-52.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-53 - Court to fix time for hearing and publish notice thereof.

The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of such petition. The notice shall be published for three successive weeks in a newspaper published in the county where the office of the district is situated. The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petitioners, and that any person interested in the organization of said district or in the proceedings for the issue or sale of said bonds, or the benefits received or the tax necessary to be levied, may on or before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and described in said notice as the petition of the board of directors of . . . . . . . . (giving its name), praying that the proceedings for the issue and sale of said bonds of said district and benefits received may be examined, determined, approved and confirmed by the court.
History:
Laws 1929, ch. 76, § 53; C.S. 1929, § 73-753; 1941 Comp., § 77-2453; 1953 Comp., § 75-25-53.
ANNOTATIONS
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
For the abolition of demurrers,
see
Rule 1-007 C NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 12 - Electrical Irrigation Districts › Section 73-12-54 - Provisions of Civil Code shall apply; effect of findings of court.

The provisions of the Code of Civil Procedure respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The person so demurring and answering said petition shall be the defendant to the special proceedings, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer shall, for the purpose of said special proceedings, be taken as true, and every person failing to answer the petition shall, in case said bonds are declared by the court to be valid and the benefits received equal to the taxes necessary to be levied, be estopped from thereafter questioning the legality of the organization of the district, that the benefits received equal the taxes necessary to be levied, or the validity of said bonds in any proceeding. The rules of pleading and practice relating to appeals and writs of error provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] are applicable to the special proceedings herein provided for.
History:
Laws 1929, ch. 76, § 54; C.S. 1929, § 73-754; 1941 Comp., § 77-2454; 1953 Comp., § 75-25-54.
ANNOTATIONS
Compiler's notes.
— The pleading and practices procedures referred to in this section have been superseded by the Rules of Civil Procedure for District Courts.
See
Rule 1-001 NMRA and 38-1-1 and 38-1-2 NMSA 1978. For appeals in special statutory proceedings,
see
Rule 12-601 NMRA.
Cross references.
— For abolition of demurrer,
see
Rule 1-007 NMRA.