reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-43 - [Levy and collection of tax for guaranty fund.]

The tax for such guaranty fund shall be levied by resolution of the board; shall be known as the guaranty fund levy; and the amount of such levy upon the property subject thereto shall be certified and extended as in the case of other levies for state and county taxes. Said amount shall be collected for the use of such district as herein provided at the same time and in the same manner as taxes for state and county purposes, and the revenue laws of the state of New Mexico for the levy and collection of taxes for state and county purposes, including the enforcement of penalties and forfeiture for delinquent taxes, shall be applicable to the levy and collection of the amount of taxes certified by the board of such district for the guaranty fund as aforesaid. All collections made by the county treasurers pursuant to such levy shall be paid over to the district within the time and in the same manner as other district funds, and the county treasurers shall be liable on their official bonds and subject to the same penalties for failure so to collect and pay over such taxes, as in the case of other conservancy funds.
History:
Laws 1931, ch. 50, § 3; 1941 Comp., § 77-2942; 1953 Comp., § 75-30-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For public lands not to be sold for assessments,
see
73-17-14 NMSA 1978.
For valuation of property,
see
7-36-1 to 7-36-33 NMSA 1978.
For administration and enforcement of taxes,
see
7-38-1 to 7-38-46 NMSA 1978.
For delinquent taxes,
see
7-38-46 to 7-38-93 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-44 - [Disposition of guaranty fund.]

The entire proceeds from such guaranty fund levy shall be deposited by the treasurer of such conservancy district in a separate fund to be known as the guaranty fund, and so long as any bonded indebtedness of such district remains outstanding and unpaid, the guaranty fund may be used only to pay the principal of and interest upon the bonded indebtedness of the district as the same shall mature, and then only when and if the district does not have on hand other funds available for such purposes.
History:
Laws 1931, ch. 50, § 4; 1941 Comp., § 77-2943; 1953 Comp., § 75-30-43.
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 16 - Conservancy Districts; Financial Administration › Section 73-16-45 - [Investment of guaranty fund.]

The treasurer of any such district shall, when directed by resolution of the board, invest such guaranty fund, and the income thereof, in the United States government bonds or municipal bonds approved for savings bank investment in the states of New York and Massachusetts, so that the same may always be readily convertible into cash if and when needed for the purposes in this act [73-16-41 to 73-16-49 NMSA 1978] provided.
History:
Laws 1931, ch. 50, § 5; 1941 Comp., § 77-2944; 1953 Comp., § 75-30-44.
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 16 - Conservancy Districts; Financial Administration › Section 73-16-46 - [Transfers from guaranty fund to other funds.]

If and when the bonded indebtedness of any such district has been paid and retired, and such guaranty fund is no longer needed for the purposes herein provided, such moneys, or any unexpended portion thereof, shall be placed in the construction or such other fund of the district as may be ordered by the board thereof.
History:
Laws 1931, ch. 50, § 6; 1941 Comp., § 77-2945; 1953 Comp., § 75-30-45.
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 16 - Conservancy Districts; Financial Administration › Section 73-16-47 - [Other assessments unaffected.]

The provisions of this act [73-16-41 to 73-16-49 NMSA 1978] shall not invalidate the levy of any assessments or the apportionment of any benefits heretofore made in conservancy districts, nor shall the power to levy additional assessments in the manner provided in the Conservancy Act be affected hereby.
History:
Laws 1931, ch. 50, § 7; 1941 Comp., § 77-2946; 1953 Comp., § 75-30-46.
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 "Conservancy Act",
see
compiler's notes following 73-14-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-48 - [Limitation on use of fund.]

No revenues collected from the ad valorem tax authorized herein shall be used for the payment of any interest or principal on bonds hereafter sold under any option existing at the time of the passage of this act [73-16-41 to 73-16-49 NMSA 1978] for the purchase of bonds of any conservancy district.
History:
Laws 1931, ch. 50, § 8; 1941 Comp., § 77-2947; 1953 Comp., § 75-30-47.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Temporary provisions.
— Laws 1931, ch. 50, §§ 9 to 12, provided for the extension of time for payment of assessments and for the issuance of debentures.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-49 - [Application of Guaranty Fund Act.]

The provisions of this act [73-16-41 to 73-16-49 NMSA 1978] shall apply only to conservancy districts containing 50,000 acres or more.
History:
Laws 1931, ch. 50, § 13; 1941 Comp., § 77-2948; 1953 Comp., § 75-30-48.
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 16 - Conservancy Districts; Financial Administration › Section 73-16-50 - Refunding bonds; form; registration.

Any conservancy district now organized and operating under the provisions of the Conservancy Act of New Mexico is authorized, whenever the board of directors of the district determines that it is for the best interests of the district and the taxpayers of the district, to refund the bonds of the district of every character at any time outstanding, including bonds issued hereunder, by the issue of new bonds of the district in such amount, in such form, designation and denomination and with such maturities and provisions for their payment and conditions for their retirement and calling and bearing such rate or rates of interest as the board may, by resolution, prescribe. Such bonds, except for bonds issued in book entry or similar form without the delivery of physical securities, shall be executed in the name and on behalf of the district and signed by the president of the board, with the seal of the district affixed thereto, and attested by the signature of the secretary. Installments of interest may be evidenced by coupons bearing the facsimile signature of the district treasurer. In case any officer whose signature or certificate appears upon bonds or coupons issued pursuant to Sections 73-16-50 through 73-16-53 NMSA 1978 ceases to be an officer before the delivery of the bonds, such signature or certificate shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until the delivery of the bonds. The coupon bonds may be registered either as to principal or interest or both, at the option of the holder, at the office of the district.
History:
Laws 1941, ch. 108, § 1; 1941 Comp., § 77-2949; 1953 Comp., § 75-30-49; Laws 1983, ch. 265, § 60.
ANNOTATIONS
Compiler's notes.
— For the meaning of "Conservancy Act",
see
compiler's notes following 73-14-1 NMSA 1978.
Laws 1941, ch. 108, was deemed to supersede Laws 1935, ch. 150, which authorized the issuance of refunding bonds to be in denominations of not less than $100, to bear interest at a rate not to exceed 6% and to mature within not more than 50 years. Laws 1935, ch. 150, also authorized the public and private sale to governmental entities of the refunding bonds, and declared them to be exempt from certain taxes.
The 1983 amendment,
effective April 7, 1983, added the catchline, deleted "negotiable" following "by the issue of new" in the first sentence, inserted "or rates" following "bearing such rate" in the first sentence, inserted "except for bonds issued in book entry or similar form without the delivery of physical securities" in the second sentence, substituted "Installments of interest may" for "The semiannual payments of interest shall" in the third sentence, substituted the New Mexico citation for "this act" in the fourth sentence and inserted "coupon" preceding "bonds" in the last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 67.
52A C.J.S. Levees and Flood Control § 40; 94 C.J.S. Waters §§ 322, 330.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-51 - [Exchange or sale of bonds; incontestability.]

Such new bonds, when executed, shall be held by the treasurer of the district subject to the orders of the board of directors of the district. Such new bonds may be issued in exchange for the bonds refunded, or may be sold at public or private sale and the proceeds thereof used to acquire for retirement the bonds refunded. Such new bonds shall be incontestable in the hands of bona fide purchasers or holders thereof for value. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are required by this act [73-16-50 to 73-16-53 NMSA 1978].
History:
Laws 1941, ch. 108, § 2; 1941 Comp., § 77-2950; 1953 Comp., § 75-30-50.
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 16 - Conservancy Districts; Financial Administration › Section 73-16-52 - [Bonds tax exempt; investment of state funds.]

Bonds issued under this act [73-16-50 to 73-16-53 NMSA 1978] shall be exempt from all state, county, municipal, school and other taxes imposed by any taxing authority of the state of New Mexico, and shall be considered as such interest-bearing securities as the permanent funds of the state of New Mexico may be invested in, as provided by law.
History:
Laws 1941, ch. 108, § 3; 1941 Comp., § 77-2951; 1953 Comp., § 75-30-51.
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 16 - Conservancy Districts; Financial Administration › Section 73-16-53 - [Rank of bonds; security.]

Bonds issued under this act [73-16-50 to 73-16-53 NMSA 1978] shall rank on a parity with all other bonds of the issue or issues refunded in part thereby and shall in all respects be deemed substituted for the particular bonds refunded thereby and entitled to the same security and payable from the same funds as the bonds so refunded. For the payment of the new bonds the district shall be required to levy and collect the same assessments, taxes and charges as it would have been required to do for the payment of the bonds refunded.
History:
Laws 1941, ch. 108, § 4; 1941 Comp., § 77-2952; 1953 Comp., § 75-30-52.
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 17 - Conservancy Districts; General Provisions › Section 73-17-1 - Lands in more than one district.

A. The same land may be included in more than one district and be subject to the provisions of this act for each and every district in which it may be included, provided that no district shall be organized in whole or in part within the territory of a district already organized, until the court having jurisdiction of the original district shall determine, upon application, whether the purposes of this act will best be accomplished by the organization of an additional district, or whether the conditions demand that the territory proposed to be organized into an additional district shall be organized as part of the existing district. Such application shall fulfill all the requirements of a petition for a district as set forth in Section 202 [73-14-5 NMSA 1978].
B. Upon such application being made, if the court shall determine that the organization of such territory as a part of the original district should not be ordered, then proceedings may be had before any court of competent jurisdiction for the formation of an additional district.
C. Any person whose signature has been subscribed to said application may within ten (10) days after such decision withdraw his signature therefrom, and if at the expiration of said period there remain sufficient subscribers to said petition to satisfy the requirements of Section 202, and in case the court shall determine that the territory described in such application, if organized for the purpose of a district, should be included within the original district, like proceedings shall thereupon be had with respect to the territory and the owners thereof as in the case of a petition for the formation of a district. Upon the hearing so had, if it shall appear that the purpose of this act would be subserved by the organization of such territory as part of the original district, the court shall enter an order accordingly.
History:
Laws 1927, ch. 45, § 601; C.S. 1929, § 30-601; 1941 Comp., § 77-3001; 1953 Comp., § 75-31-1.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to the Conservancy Act of New Mexico, enacted by Laws 1927, ch. 45, the provisions of which are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978.
See
73-14-1 NMSA 1978 and notes.
Same land may be included in more than one district.
In re Sandia Conservancy Dist.
, 1953-NMSC-056, 57 N.M. 413, 259 P.2d 577.
Law reviews.
— For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities,"
see
9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 60.
52A C.J.S. Levees and Flood Control § 17; 94 C.J.S. Waters § 319(3).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-3 - Subdistricts.

A. Whenever it is desired to construct improvements wholly within or partly within and partly without any district organized under this act, which improvements will affect only a part of said district, for the purpose of accomplishing such work, subdistricts may be organized upon petition of the owners of property, which petition shall fulfill the same requirements concerning the subdistricts as the petition outlined in Section 202 [73-14-5 NMSA 1978] of this act is required to fulfill concerning the organization of the main district, and shall be filed with the clerk of the district court and shall be accompanied by a bond as provided for in Section 203 [73-14-6 NMSA 1978] of this act. All proceedings relating to the organization of such subdistricts shall conform in all things to the provisions of this act relating to the organization of districts.
B. Whenever the court shall by its order duly entered of record, declare and decree such subdistricts to be organized, the clerk of the said court shall thereupon give notice of such order to the board of the district, who shall thereupon act also as the board of directors of the subdistrict.
C. Thereafter, the proceedings in reference to the subdistrict shall in all matters conform to the provisions of this act, except that in the appraisal of benefits and damages for the purposes of such subdistricts, in the issuance of bonds, in the levying of assessments and in all other matters affecting only the subdistrict, the provisions of this act shall apply to the subdistrict as though it were an independent district, and it shall not, in these things, be amalgamated with the main district.
D. The board of directors, board of appraisers, chief engineer, attorney, secretary and other officers, agents and employes [employees] of the district shall, so far as it may be necessary, serve in the same capacity for such subdistrict, and contracts and agreements between the main district and subdistrict may be made in the same manner as contracts and agreements between two districts. The distribution of administration expense between the main district and subdistrict shall be in proportion to the interests involved, and the amount of service rendered, such division to be made by the board with the right of appeal to the court establishing the district.
E. This section shall not be held to prevent the organization of independent districts for local improvements under other laws within the limits of a district organized under this act.
History:
Laws 1927, ch. 45, § 603; C.S. 1929, § 30-603; 1941 Comp., § 77-3003; 1953 Comp., § 75-31-3.
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
the compiler's notes to 73-17-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
52A C.J.S. Levees and Flood Control §§ 13, 19; 94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-4 - District protection.

The board shall have the right to police and protect the works of the district, to prevent persons, vehicles or livestock from passing over the works of the district and prevent the doing of any act which would result in damage thereto.
History:
Laws 1927, ch. 45, § 701; C.S. 1929, § 30-701; 1941 Comp., § 77-3004; 1953 Comp., § 75-31-4.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-5 - Prohibition of injury to survey marks [; field notes are district property]

The wilful destruction, injury or removal of any bench marks, witness marks, stakes or other reference marks, placed by the surveyors or engineers or by contractors in constructing the works of the district, shall be a misdemeanor, punishable by fine not exceeding one hundred ($100) dollars. The original field notes of surveys shall be the permanent property of the district.
History:
Laws 1927, ch. 45, § 702; C.S. 1929, § 30-702; 1941 Comp., § 77-3005; 1953 Comp., § 75-31-5.
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 17 - Conservancy Districts; General Provisions › Section 73-17-6 - Liability for damages.

A. All persons and public corporations, shall be liable for damages done to works of the district by themselves, their agents, their employes [employees] or by their livestock. Any person guilty of wilful damage shall be guilty of a misdemeanor, and shall be fined not to exceed two hundred ($200) dollars and costs and shall be liable for all damages and costs. The board shall have authority to repair such damage at the expense of the person or public corporation causing the same.
B. In all cases declared misdemeanors by this act, any justice of the peace [magistrate] of the county in which the offense is committed shall have jurisdiction thereof, and upon complaint being made as is now required by law, may issue a warrant directed to any proper officer of his county, for the arrest of any person so charged with any such misdemeanor, and upon the arrest of such person, the justice of the peace [magistrate] before whom such person is brought for trial shall hear and determine the cause, and if he finds the accused guilty, shall assess the fine as prescribed in this act.
History:
Laws 1927, ch. 45, § 703; C.S. 1929, § 30-703; 1941 Comp., § 77-3006; 1953 Comp., § 75-31-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The office of the justice of the peace was abolished by 35-1-38 NMSA 1978, which also provided that references to the justice of the peace shall be construed as references to the magistrate court.
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
Cross references.
— For interference with use of works,
see
72-8-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
52A C.J.S. Levees and Flood § 41.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-7 - Penalty for fraud.

The making of profit, directly or indirectly, by any officer of any district, or by any other public officer within the state, out of any contracts entered into by the district, or the use of any money belonging to the district by loaning it or otherwise using it, or by depositing the same in any manner contrary to law or by removal of any money by any such officer or by his consent, and placing it elsewhere than is prescribed, either by law or by the official acts of the board, for the purpose of profit, shall constitute a felony, and on conviction thereof shall subject such officer to imprisonment in the state penitentiary for a term not exceeding two years, or a fine not exceeding five thousand ($5,000) dollars or both fine and imprisonment, and the officer offending shall be liable personally and upon his official bond for all losses to such district, and for all profits realized by such unlawful use of monies.
History:
Laws 1927, ch. 45, § 704; C.S. 1929, § 30-704; 1941 Comp., § 77-3007; 1953 Comp., § 75-31-7.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-8 - Removal of officials for cause.

Any director or other officer of any district organized under this act may be removed for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized.
History:
Laws 1927, ch. 45, § 705; C.S. 1929, § 30-705; 1941 Comp., § 77-3008; 1953 Comp., § 75-31-8.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 61.
52A C.J.S. Levees and Flood Control § 21; 94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-9 - Remedy by mandamus.

The performance of all duties prescribed in this act concerning the organization and administration or operation of a district may be enforced against any officer thereof or against any person or public corporation refusing to comply with any order of the board, by mandamus, at the instance of the said board or of any person or public corporation interested in any way in such district or proposed district. Such proceedings shall be instituted in the district court having jurisdiction of the original case.
History:
Laws 1927, ch. 45, § 706; C.S. 1929, § 30-706; 1941 Comp., § 77-3009; 1953 Comp., § 75-31-9.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 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 17 - Conservancy Districts; General Provisions › Section 73-17-10 - Cooperation with United States government or other agencies.

The board shall have the right and authority to enter into contracts or other arrangements with the United States government or any department thereof; or with the state government of this or other states; or with irrigation, drainage, conservation, conservancy or other improvement districts, in this or other states; or with persons, or public corporations; for cooperation or assistance in making surveys or investigations and reports thereon; in constructing, maintaining, using and operating works of the district, in acquiring, purchasing, extending, operating or maintaining constructed works; water supplies, water systems, irrigation or drainage works, dam and reservoir sites; in building dams to impound flood waters; in conserving and using the said waters for irrigation or other purposes, including the development of hydroelectric energy; in purchasing, leasing or acquiring land or property in adjoining states in order to secure outlets and other needs of the district; and in any other manner furthering the purposes and incidental purposes of districts.
History:
Laws 1927, ch. 45, § 801; C.S. 1929, § 30-801; 1941 Comp., § 77-3010; 1953 Comp., § 75-31-10.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-11 - Board to secure cooperation.

Whenever lands owned by the federal government or over which it has jurisdiction or control, shall be included in any district, the board shall immediately upon its appointment, proceed to make all necessary arrangements with the proper department or agency of the government for cooperating in making the contemplated improvements to the end that the said lands may properly remain within the district, and may be charged with and bear their just share of the costs of the improvements.
History:
Laws 1927, ch. 45, § 802; C.S. 1929, § 30-802; 1941 Comp., § 77-3011; 1953 Comp., § 75-31-11.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-12 - Interference with state and federal rights.

Should the contemplated improvements by any district interfere with any right or property of the federal government or any state government and it becomes necessary to obtain permission and consent of such governments or any of the departments or agents thereof, to carry out such improvements, the board shall enter into any compact, agreement or contract to obtain the necessary permission and consent for the purpose of making the improvements contemplated; provided, however, the failure of the board to obtain such permission and consent for the district shall not be taken advantage of by any property owner in any proceeding against the district and such failure shall only be questioned by such governments as shall have their rights interfered with.
History:
Laws 1927, ch. 45, § 803; C.S. 1929, § 30-803; 1941 Comp., § 77-3012; 1953 Comp., § 75-31-12.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-13 - Federal [or state] appropriations.

The board shall by proper action obtain the money or the use thereof, of any fund created by any federal or state appropriations heretofore or hereafter to be made, to which the district may be entitled for discharging, fulfilling and accomplishing the objects and purposes for which such appropriations were made.
History:
Laws 1927, ch. 45, § 804; C.S. 1929, § 30-804; 1941 Comp., § 77-3013; 1953 Comp., § 75-31-13.
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 17 - Conservancy Districts; General Provisions › Section 73-17-15 - Correction of faulty notices.

A. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given and thereupon shall proceed as though notice had been properly given in the first instance.
B. In case any particular appraisal or appraisals, assessment or assessments, levy or levies, shall be held void for want of legal notice, or in case the board shall determine that any notice with reference to any land or lands may be faulty, then the board may file a motion in the original cause asking that the court order notice to be given to the owner of such land or lands, and the court shall set a time for hearing as provided in this act. And in case the original notice as a whole shall be held to be sufficient, but faulty only with reference to publication as to certain particular lands, in such case only the owners of and persons interested in such particular lands need be notified by such subsequent notice, and if the publication of any notice in any court shall be held to be defective or not made in time, publication of the defective notice need be had only in the county in which the defect occurred.
History:
Laws 1927, ch. 45, § 901; C.S. 1929, § 30-901; 1941 Comp., § 77-3015; 1953 Comp., § 75-31-15.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-16 - Early hearings.

All cases in which there may arise a question of the validity of the organization of a conservancy district, or a question of the validity of any proceedings under this act, shall be advanced as a matter of immediate public interest and concern, and heard in all courts at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.
History:
Laws 1927, ch. 45, § 902; C.S. 1929, § 30-902; 1941 Comp., § 77-3016; 1953 Comp., § 75-31-16.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-17 - Appeals shall not delay proceedings.

A. No appeal under this act shall be permitted to interrupt or delay any action or the prosecution of any work, except where the appellant is entitled to a jury trial under the constitution of the state, in which case, only so much of the work shall be interrupted or delayed as would constitute a taking or damaging of the property of such appellant.
B. The right of appeal from orders and decrees of said court shall exist as in civil cases, except no proceeding to review an order or decree of the court, entered under the provisions of this act, shall be commenced after thirty (30) days from the entry of the order or decree sought to be reviewed.
C. The board shall have the same right as property owners to invoke the jurisdiction of the supreme court of the state of New Mexico to review any reviewable order or decree of the court made in any proceeding.
D. The failure to appeal from or seek a review of any order or decree of the court in any proceedings, within the time specified herein, shall constitute a waiver of any irregularity in the proceedings, and the remedies provided herein shall exclude all other remedies except as herein provided.
History:
Laws 1927, ch. 45, § 903; C.S. 1929, § 30-903; 1941 Comp., § 77-3017; 1953 Comp., § 75-31-17.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
Cross references.
— For Rules of Appellate Procedure,
see
12-101 NMRA.
Constitutionality of former limitation provisions.
— Conservancy Act of 1923 (Laws 1923, ch. 140) was not unconstitutional because of the provisions of Section 903 thereof restricting time for appeal and providing that same should not delay proceedings except where appellant was entitled to a jury trial under the Constitution.
In re Proposed Middle Rio Grande Conservancy Dist.
, 1925-NMSC-058, 31 N.M. 188, 242 P. 683.
Effect of present limitation.
— The supreme court had no jurisdiction where the appeal was not taken within the thirty days prescribed by this section.
Albuquerque Gun Club v. Middle Rio Grande Conservancy Dist.
, 1937-NMSC-092, 42 N.M. 8, 74 P.2d 67.
Provisions governing right of appeal.
— Right of appeal from judgment awarding damages under the Conservancy Act (Laws 1927, ch. 45) is controlled by that statute and not by the general statute covering appeals from the district court.
Albuquerque Gun Club v. Middle Rio Grande Conservancy Dist.
, 1937-NMSC-092, 42 N.M. 8, 74 P.2d 67.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2 Am. Jur. 2d Administrative Law § 600 et seq.
73A C.J.S. Public Administrative Law and Procedure §§ 172 to 201.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-19 - Short forms and abbreviations.

A. In any order of the court the words "the court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding," shall be equivalent to a finding of existence of each jurisdictional fact necessary to confer plenary jurisdiction upon the court and necessary from the proper signing and filing of the initial petitions to the date of the order to meet every legal requirement imposed by this act.
B. No other or further evidence of the legal hypothecation of the proceeds of any special assessment levied hereunder, for the payment of bonds or warrants issued pursuant to this act shall be required than the passage of a resolution by the board of directors and the issuance of bonds or warrants in accordance therewith.
C. In the preparation of any assessment or appraisal record the usual abbreviations employed by engineers, surveyors and abstracters may be used.
D. Where properly to describe any parcel of land, it would be necessary to use a long description, the appraisers after locating the land generally, may refer to the book and page of the public record of any instrument in which the land is described, or they may utilize plat numbers or other designations that may be established by the chief engineer in district surveys, copies of which surveys shall be received and filed in the office of the county clerk in the county or counties in which the lands are situated, which reference shall be sufficient for all the purposes of this act to identify the land described in the records so referred to.
E. It shall not be necessary, in any notice required to be published by this act, to specify the names of the owners of the lands or property of the persons interested therein; but any such notice may be addressed "To All Persons and Public Corporations Interested" with like effect as though such notice named by name every owner of any lands or property within the territory specified in the notice and every person interested therein and every lienor, actual or inchoate.
History:
Laws 1927, ch. 45, § 905; C.S. 1929, § 30-905; 1941 Comp., § 77-3019; 1953 Comp., § 75-31-19.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
Cross references.
— For forms,
see
73-17-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-20 - Liberal construction.

This act being necessary to secure and preserve the public health, safety, convenience and welfare, and being necessary for the prevention of great loss of life, and for the security of public and private property from floods and other uncontrolled waters, it shall be liberally construed to effect the purposes of this act.
History:
Laws 1927, ch. 45, § 906; C.S. 1929, § 30-906; 1941 Comp., § 77-3020; 1953 Comp., § 75-31-20.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
Absence of provisions reposing management in property-owners not unconstitutional.
— The absence of provisions reposing the management of the conservancy district in the property-owners does not violate any constitutional provision. This is a general law (Laws 1927, ch. 45) and not special or class legislation.
Gutierrez v. Middle Rio Grande Conservancy Dist.
, 1929-NMSC-071, 34 N.M. 346, 282 P. 1, cert. denied, 280 U.S. 610, 50 S. Ct. 158, 74 L. Ed. 653 (1930).
Raising of constitutional questions.
— Questions involving the constitutionality of the act (Laws 1927, ch. 45) cannot be considered unless raised in the court below.
Cater v. Sunshine Valley Conservancy Dist.
, 1928-NMSC-061, 33 N.M. 583, 274 P. 52.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-21 - Prescription and adverse possession.

The rights of the district to the waters of the district, or the use thereof, or the land within the district and property owned by it shall not be lost by the district by prescription or by adverse possession, or for nonuse of the waters.
History:
Laws 1927, ch. 45, § 908; C.S. 1929, § 30-908; 1941 Comp., § 77-3021; 1953 Comp., § 75-31-21.
ANNOTATIONS
District may not lose priority rights over other users by nonuse.
— In a prior appropriation system, the right to use a certain quantity of water is inextricably linked to the priority date of that right; therefore the section precludes a claim of abandonment of a conservancy district's priority rights over other users of the same stream by reason of nonuse.
City of Raton v. Vermejo Conservancy Dist.
, 1984-NMSC-037, 101 N.M. 95, 678 P.2d 1170.
Section does not deny equal protection.
— The legislature's distinction between conservancy districts and other appropriators, with respect to the loss of water rights through nonuse, is neither unreasonable nor arbitrary and thus this section does not deny equal protection.
City of Raton v. Vermejo Conservancy Dist.
, 1984-NMSC-037, 101 N.M. 95, 678 P.2d 1170.
Law reviews.
— For article, "Possible Solutions: Policy Tools to Achieve Flexibility to Meet New Conditions, Preliminary Thoughts for Coping with Future Droughts,"
see
39 Nat. Resources J. 175 (1999).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-22 - Property, title, tax exempt.

Title to all rights and property acquired by any district, shall immediately and by operation of law, vest in such district in its corporate name; such property shall be held for the uses and purposes of the district, and shall be exempt from all taxation.
History:
Laws 1927, ch. 45, § 909; C.S. 1929, § 30-909; 1941 Comp., § 77-3022; 1953 Comp., § 75-31-22.
ANNOTATIONS
Cross references.
— For tax exemptions,
see
N.M. Const., art. VIII, § 3.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 17 - Conservancy Districts; General Provisions › Section 73-17-23 - Saving clause and repeals.

A. The purposes and powers herein contained and provided for are hereby granted to and conferred upon conservancy districts heretofore organized under the provisions of Chapter 140 of the Laws of New Mexico of 1923 and all the provisions hereof shall be held applicable in the manner herein prescribed, to such conservancy districts heretofore organized under said Chapter 140 of the Laws of New Mexico of 1923 and all acts and proceedings done or had, and obligations incurred by any such conservancy district or its directors or officers under and pursuant to the provisions of the aforesaid act are hereby ratified and confirmed.
B. Chapter 140 of the Laws of New Mexico of 1923, entitled "An act to provide for the organization of conservancy districts for the purpose of cooperating with the government of the United States under the terms of the federal reclamation law and other federal laws, and to define the purposes and powers thereof," is hereby repealed; but such repeal shall not invalidate any act or proceeding theretofore done under said act; provided, however, that the continuity and status of any district organized under the provisions of said Chapter 140 of the Laws of New Mexico of 1923, shall be unaffected by the repeal of said Chapter 140, and such district shall, after this act is in full force and effect, continue to exist under and be governed by the provisions of this act.
C. All other acts or parts of acts conflicting in any way with any of the provisions of this act, in regard to improvements of the character contemplated by this act, or regulating or limiting the power of taxation or assessment or otherwise interfering with the execution of this act according to its terms, are hereby declared inoperative and ineffective as to this act, as completely as if they did not exist, but all such acts and parts of acts shall not in any way be otherwise affected by this act.
History:
Laws 1927, ch. 45, § 910; C.S. 1929, § 30-910; 1941 Comp., § 77-3023; 1953 Comp., § 75-31-23.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
the compiler's notes to 73-17-1 NMSA 1978.
For the federal reclamation law, referred to in this section,
see
43 U.S.C. § 371 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-1 - Definition of terms.

Except when otherwise specified, as used in this act:
A. the term "Conservancy Act" means the Conservancy Act of New Mexico, Chapter 45, Session Laws of 1927 (being Chapter 30, New Mexico Statutes Annotated, 1929 Compilation), as amended by Chapter 50, Session Laws of 1931, Chapter 80, Session Laws of 1933 and Chapter 37 and Chapter 150, Session Laws of 1935 (being Chapter 30, New Mexico Supplement, 1938), and any subsequent amendment thereof;
B. the term "reclamation law" means the act of congress approved June 17, 1902, 32 Statutes at Large 388, and acts amendatory thereof or supplementary thereto;
C. the term "district" means a conservancy district heretofore organized or existing under the provisions of the Conservancy Act;
D. the term "United States" means the United States of America;
E. the term "reclamation contract" means any contract between a district and the United States under the provisions of the reclamation law for any of the purposes set forth in Section 2 [73-18-2 NMSA 1978] hereof;
F. the term "contracting district" means any district which heretofore or hereafter shall have entered into a reclamation contract;
G. the terms "contract indebtedness" and "contract obligation" mean respectively any indebtedness or obligation undertaken by a district in a reclamation contract;
H. the terms "district lands" or "district real property" mean any real property within the boundaries of a district;
I. the term "board" means the board of directors of a district.
History:
Laws 1939, ch. 148, § 1; 1941 Comp., § 77-3101; 1953 Comp., § 75-32-1.
ANNOTATIONS
Compiler's notes.
— Laws 1931, ch. 50 was compiled as 73-16-41 to 73-16-49 NMSA 1978.
Laws 1933, ch. 80, amended 73-14-3 and 75-14-17 NMSA 1978.
Laws 1935, ch. 150 was superseded.
See
compiler's notes to 73-16-50 NMSA 1978.
The words "this act" refer to Laws 1939, ch. 148, compiled as 73-18-1 to 73-18-6, 73-18-7, 73-18-8 and 73-18-9 to 73-18-24 NMSA 1978. "This act" may be referred to as "The Conservancy District-Reclamation Contract Act", 73-18-24 NMSA 1978.
Laws 1927, ch. 45 enacted the Conservancy Act of New Mexico, the provisions of which are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978.
See also
73-14-1 NMSA 1978 and note.
For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto,
see
43 U.S.C. § 371 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
52A C.J.S. Levees and Flood Control § 24; 94 C.J.S. Waters § 316.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-3 - Contract procedure inapplicable.

The provisions of Section 309, Chapter 45, Session Laws of 1927 (being Section 73-14-40 NMSA 1978), shall not apply to any reclamation contract.
History:
Laws 1939, ch. 148, § 3; 1941 Comp., § 77-3103; 1953 Comp., § 75-32-3.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-4 - Plan of works.

The provisions of the Conservancy Act as to the formulation and approval and establishment of the official plan shall not apply to contracting districts with respect to works to be constructed pursuant to a reclamation contract, but the plan of works so to be constructed by the United States shall be such plan as may be formulated, altered, extended, modified or revised by the bureau of reclamation of the department of the interior.
History:
Laws 1939, ch. 148, § 4; 1941 Comp., § 77-3104; 1953 Comp., § 75-32-4.
ANNOTATIONS
Compiler's notes.
— For the definition of "Conservancy Act" for purposes of the Conservancy District Reclamation Contract Act, 73-18-24 NMSA 1978,
see
the compiler's notes to 73-18-1 NMSA 1978.
Cross references.
— For adoption of official plan,
see
73-14-36 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 18 - Conservancy Districts; Reclamation Contracts › Section 73-18-5 - When certain provisions to apply; general obligation.

A. Except as otherwise herein provided, the provisions of the Conservancy Act relating to the appraisal and confirmation of benefits and assessments and levy pursuant thereto shall not apply to a contracting district.
B. The provisions of the Conservancy Act relating to the appraisal and confirmation of benefits and assessments and levy pursuant thereto shall, with respect to assessments and levies for works to be constructed pursuant to reclamation contracts, apply as to any contracting district which, after the passage of this act [73-18-1 to 73-18-24 NMSA 1978], shall have executed a reclamation contract wherein it is expressly so provided and in that event the provisions of this act relating to classification of district real property, the apportionment of assessments and the assessment and levy pursuant thereto shall be applicable only to the extent expressly provided for in said reclamation contract.
Notwithstanding the provisions of any other act and whether the revenues necessary to meet payments to the United States under a reclamation contract are to be raised under the provisions of Sections six, seven, eight and nine [73-18-6 to 73-18-9 NMSA 1978] of this act or under the provisions of the Conservancy Act relating to appraisal, confirmation, assessment of benefits and levy thereon, the indebtedness to the United States under a reclamation contract shall constitute a general obligation of the contracting district and of all the real property therein for the payment of which the district and all the real property therein shall be and remain liable until full payment thereof is made, notwithstanding default in payment by individual property owners.
History:
Laws 1939, ch. 148, § 5; 1941 Comp., § 77-3105; 1953 Comp., § 75-32-5.
ANNOTATIONS
Compiler's notes.
— For definition of "Conservancy Act" for purposes of the Conservancy District Reclamation Contract Act, 73-18-24 NMSA 1978,
see
the compiler's notes to 73-18-1 NMSA 1978.
Cross references.
— For appraisal and confirmation of benefits and assessments,
see
73-15-1 to 73-15-15 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 88.
94 C.J.S. Waters § 316.