2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 14 - Conservancy Districts; Definitions; Organization and Management › Section 73-14-39 - General powers.

A. In order to protect life and property within the district, and to protect or relieve land subject to overflow or washing, or which is menaced or threatened by the normal flow of flood or surplus or overflow waters of any natural watercourse, stream, canyon, arroyo or wash, whether perennial, intermittent or flood, and in order to effect the protection of life, land and other property in the district and to accomplish all other purposes of the district, the board is authorized and empowered to clean out, strighten [straighten], widen, alter, deepen or change the course or terminus of any ditch, community ditch or acequia, drain, sewer, flume, river, watercourse, pond, lake, creek, arroyo or natural or artificial stream in or out of said district; to fill up any abandoned or altered ditch, community ditch or acequia, drain, sewer, river, flume, watercourse, pond, lake, creek, arroyo or natural or artificial stream, and to concentrate, divert or divide the flow of water in or out of said district; to construct and maintain main and lateral ditches, community ditches or acequias, sewers, canals, flumes, levees, dikes, dams, sluices, revetments, reservoirs, or retarding basins, floodways, wells, pumping stations and syphons and any other works and improvements deemed necessary to construct, preserve, operate or maintain the works in or out of said district; to construct, reconstruct or enlarge or cause to be constructed, reconstructed or enlarged, any and all bridges that may be needed in or out of said district; to construct, reconstruct or elevate highways and streets; to construct or reconstruct any and all of said works and improvements along, across, through or over any public highway, canal, railroad right-of-way, track, grade, fill or cut, in or out of said district; to remove or change the location of any fence, building, railroad, canal or other improvements in or out of said district; and shall have the right to acquire by donation, purchase or condemnation, to construct, own, lease, use and sell, to hold, encumber, control and maintain any easement, water right, acequias, well, railroad right-of-way, canal, sluice, flume, reservoir site, reservoir or retarding basin, mill dam, water power, franchise, park, cemetery or any other public way or place, or any real or personal property, public or private, in or out of said district, for rights-of-way and such other things, or for materials of construction or for any other use not inconsistent with the purposes of this act; and to replot or subdivide land, open new roads, highways, parks, streets and alleys, or change the location of existing ones; and provided, further, that in case the construction provided by the official plan interferes with an irrigation ditch, community ditch or acequia or other works used for applying water to beneficial use the district shall make equivalent provision by means of ditches or works constructed by the district at its expense for supplying such water to such water users to the extent that the same was being lawfully obtained and used through such ditches or works. The district shall have the right to increase at its expense the storage capacity of any reservoirs and to store therein or release therefrom water in excess of the capacity of such reservoirs as developed by any person; but such additional storage so created by the district shall not interfere with the storage and regulation of flow of water as developed by such person prior to such increased storage capacity being added by the district; and, that in case the district shall increase the storage capacity of any such reservoir, either by adding to the dam, dams or other structures built, or by removing such dam, dams or other structures and rebuilding same, the damages, if any, to such person for the property so utilized or removed shall be ascertained and paid as provided in the case of property taken by the district by right of eminent domain.
History:
Laws 1927, ch. 45, § 308; C.S. 1929, § 30-308; 1941 Comp., § 77-2718; 1953 Comp., § 75-28-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-14-1 NMSA 1978.
As enacted, this section contained no Subsection B.
Cross references.
— For eminent domain by conservancy district,
see
73-14-41, 73-14-42 NMSA 1978.
For elections for directors in districts of 100,000 acres or less,
see
73-14-62 to 73-14-66 NMSA 1978.
For audit of records in districts of 100,000 acres or less,
see
73-14-68 NMSA 1978.
Right to enforce water control through injunction.
— On acquiring community ditch, conservancy district was "proper party" to enforce by injunction its right to control flow of water in the ditch and the delivery of same to those entitled to it.
Middle Rio Grande Conservancy Dist. v. Chavez
, 1940-NMSC-016, 44 N.M. 240, 101 P.2d 190.
Right to supply water where only district assessments paid.
— Where conservancy district acquired a community ditch after due appraisal and compensation, it could supply water to users who had paid all assessments due the district regardless of payment of assessments levied by community ditch commissioners and mayordomo.
Middle Rio Grande Conservancy Dist. v. Chavez
, 1940-NMSC-016, 44 N.M. 240, 101 P.2d 190.
Conflict of interest.
— Because no statute defines the duties of a member of a board of directors of a conservancy district when a conflict of interest arises, the common law prevails. At common law, a member of a governing board is disqualified from voting on a matter in which he has a direct personal, financial interest, and a court will invalidate any board action in violation of this rule. 1988 Op. Att'y Gen. No. 88-18.
Indemnity agreements in conservancy district licensee agreements.
— Conservancy districts generally have broad authority to construct and maintain main, lateral, and community ditches and the authority to complete works and improvements to accomplish all other purposes of the district; conservancy districts also have the corresponding authority to negotiate and enter into contracts to fulfill their purpose, except as otherwise limited by law, and therefore, where the middle Rio Grande conservancy district (district) entered into an agreement with a licensee to install and maintain a gate on district roads, a provision of which requires the licensee to indemnify the district against any claims arising out of the installation, operation, and existence of the gate, the indemnity provision in the district's license agreement is enforceable to the extent that the provision would indemnify the district against the licensee's negligent maintenance, repair, condition or use of the gate. The indemnity provision's enforceability, however, is limited to the extent that it indemnifies the district against the negligent act or omissions of the licensee and not against claims arising out of the district's own negligence, because indemnity clauses that indemnify indemnitees for their own negligence are void and unenforceable as against the public policy of the state.
Middle Rio Grande Conservancy District Gate Licensee Liability
(2/3/20), Att'y Gen. Adv. Ltr. 2020-02.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 321.