reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-3 - Power to borrow money for the preliminary fund.

A. In order to facilitate the preliminary work, the board may borrow money at a rate of interest not exceeding eight (8%) percent per annum, and as evidence of the debt so contracted, may issue and sell or may issue to contractors or others, negotiable evidences of debt (herein called warrants), and may pledge the preliminary assessment for the repayment thereof. If any warrant so issued by the board is presented for payment and is not paid for want of funds in the treasury, that fact, with the date of presentation, shall be endorsed on the back of such warrant, which shall thereafter draw interest at the rate specified in the endorsement, not exceeding eight (8%) percent per annum, until such time as there is money on hand sufficient to pay the amount of said warrant with interest.
B. In case of a district organized under the provisions of Chapter 140 of the Laws of New Mexico, 1923, where money has been borrowed for the preliminary fund, such borrowed money shall be repaid from the construction fund or general fund when available and all assessments made under said Chapter 140 of the Laws of 1923 for the preliminary fund shall be refunded or cancelled; provided, however, that if said construction fund for any cause shall not be available upon the maturity of indebtedness incurred for the preliminary fund, the board of directors of said district shall fix such an ad valorem assessment upon the property within the district as will be sufficient to repay such indebtedness, as a level rate to be used for the purpose of repaying said borrowed money, and not to exceed two (2) mills for every dollar of assessed valuation in addition thereto, and the board of directors may anticipate the collection of such levy by the issuance of warrants for the repayment of money so borrowed; provided, however, that the total amounts permitted to be levied for such preliminary fund and for the repayment of any such indebtedness shall not exceed in the aggregate eight mills for every dollar of assessed valuation. Said assessment shall be levied by resolution of the board; shall be known as preliminary fund - refunding assessment; and said assessment shall be certified to the boards of county commissioners of the various counties in which the district or any portion thereof is located, and by them included in their next annual levy for state and county purposes. The manner of collection by the county treasurers, and the laws applicable to such collections and handling of the same, shall be as heretofore provided in Section 502 [73-16-2 NMSA 1978] hereof.
History:
Laws 1927, ch. 45, § 503; C.S. 1929, § 30-503; 1941 Comp., § 77-2903; 1953 Comp., § 75-30-3.
ANNOTATIONS
Compiler's notes.
— Laws 1923, ch. 140, referred to in this section, was repealed by Laws 1927, ch. 45, § 910, 73-17-23 NMSA 1978.
Cross references.
— For preliminary fund,
see
73-16-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 66.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-5 - Election for approval of construction fund assessment levy of certain districts; form of ballot; supplemental levies.

A. In all cases excepting those hereinafter excluded, as soon as the first construction fund assessment levy is made the board shall call an election to be held not less than sixty days after notice of the election is completed by publication. The procedure for and conduct of the election shall be that provided for election of boards of directors who are elected. The question to be referred to the voters shall be the approval or rejection of the construction fund assessment levy resolved by the board. The form of ballots shall be substantially as follows:
CONSTRUCTION FUND ASSESSMENT LEVY FOR
___________________________________ DISTRICT
(Name of District)
FOR the construction fund assessment levy of the district in the maximum total sum of $______ ..... [ ]
AGAINST the construction fund assessment levy of the district in the maximum total sum of $______ ..... [ ]
B. If the majority of voters are against the levy, upon exhibit to the court of the returns so proving, the district shall be dissolved after insuring payment of all outstanding debts. If the majority of voters are for the levy, upon exhibit to the court of the returns so proving, the levy shall be ordered executed and the secretary shall prepare the construction fund assessment record of the district.
C. Thereafter, from time to time, as the affairs of the district may demand, the board may make supplemental levies for the construction fund; provided, that the aggregate of all these supplemental levies shall not exceed ten percent of the first levy approved in the election or, in principal, the appraised benefits adjudicated, whichever is less; provided, further, that if for any reason the affairs of the district shall demand a supplemental levy in excess of ten percent, an election as herein provided shall be required to approve and order them into execution, and in the event they are rejected the district shall not execute supplemental levies in excess of the limits above stated; and provided further, that in no case shall a levy be submitted to election where the amount thereof exceeds in principal the appraised benefits adjudicated.
Nothing in this section applies to any district which has commenced or completed any phase of improvements pursuant to official plans, or to any district containing between fifteen thousand to thirty thousand acres.
History:
1953 Comp., § 75-30-4.1, enacted by Laws 1961, ch. 123, § 1.
ANNOTATIONS
Effective dates.
— Laws 1961, ch. 123, contained no effective date provision, but was enacted at a session which adjourned March 11, 1961.
See
N.M. Const., art. IV, § 23.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-8 - Bonds tax exempt.

All bonds issued by any district pursuant to this act shall be exempt from all state, county, municipal, school and other taxes imposed by any taxing authority of the state of New Mexico.
History:
Laws 1927, ch. 45, § 507; C.S. 1929, § 30-507; 1941 Comp., § 77-2907; 1953 Comp., § 75-30-7.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-9 - Bonds, investment of state funds.

All bonds issued by any district pursuant to this act 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 1927, ch. 45, § 508; C.S. 1929, § 30-508; 1941 Comp., § 77-2908; 1953 Comp., § 75-30-8.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-11 - Power to borrow money for the maintenance fund.

A. In anticipation of the collection of maintenance assessments, the board may borrow money at a rate of interest not exceeding eight (8%) percent per annum, and as evidence of the debt so contracted may issue and sell, or may issue to contractors or others, negotiable evidence of debt (herein called warrants) and may pledge (after it has been levied) the said maintenance assessments for the repayment thereof.
B. If any warrant so issued by the board is presented for payment and is not paid for want of funds in the treasury, that fact, with the date of presentation, shall be endorsed on the back of such warrant, which shall thereafter draw interest at the rate specified in the endorsement, not exceeding eight (8%) percent per annum, until such time as there is money on hand sufficient to pay the amount of said warrant with interest.
History:
Laws 1927, ch. 45, § 510; C.S. 1929, § 30-510; 1941 Comp., § 77-2910; 1953 Comp., § 75-30-10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 66.
52A C.J.S. Levees and Flood Control § 40; 94 C.J.S. Waters § 322.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-12 - Readjustment of maintenance fund assessments.

A. Whenever the owners or representatives of twenty-five (25%) per centum or more of the acreage or value of the lands in the district shall file a petition in the court in which the original petition was filed, stating that there has been a material change in the values of the property in the district since the last previous appraisal of benefits, and praying for a readjustment of the appraisal of benefits for the purpose of making a more equitable basis for the levy of the maintenance fund assessment, the court shall by order fix a time and place for a hearing thereon, and thereupon the clerk shall give notice by publication of the filing of and hearing upon said petition, in such manner as the court shall provide in the order for such hearing.
B. Upon the hearing of said petition, if said court shall find that there has been a material change in the value of property in said district since the last previous appraisal of benefits, the court shall order that there be a readjustment of the appraisal of benefits for the sole purpose of providing a basis upon which to levy the maintenance assessments of said district. Thereupon the court shall direct the appraisers to make such readjustment of appraisals in the manner provided in this act, and said appraisers shall make their report, and the same proceedings shall be had thereon, as nearly as may be, as are hereinbefore provided for the appraisal of benefits accruing for original construction; provided, that in making the readjustment of the appraisal of benefits said appraisal shall not be limited to the aggregate amount of the original or any previous appraisal of benefits, and that after the making of such readjustment the limitation of the annual maintenance assessment to one (1%) per centum of the total appraised benefits, shall, unless otherwise ordered by the court, apply to the amount of benefits as readjusted; and provided further, that there shall be no such readjustment of benefits oftener than once in ten (10) years.
History:
Laws 1927, ch. 45, § 511; C.S. 1929, § 30-511; 1941 Comp., § 77-2911; 1953 Comp., § 75-30-11.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
Cross references.
— For appraisals,
see
73-15-1 to 73-15-15 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 335.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-13 - Assessment of public corporations.

Whenever an assessment shall be levied against a public corporation, a certified copy of that portion of the construction fund assessment record or the maintenance fund assessment record, or both, as the case may be, relating to property in each public corporation, properly signed by the president with the seal of the district thereunto affixed and attested by the signature of the secretary, shall be delivered to the governing or taxing body of each such public corporation.
History:
Laws 1927, ch. 45, § 512; C.S. 1929, § 30-512; 1941 Comp., § 77-2912; 1953 Comp., § 75-30-12.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-14 - Duties of officers of public corporations.

A. Whenever an assessment is levied against a public corporation, and is finally determined, it shall be the duty of the governing or taxing body of such public corporation immediately to take all the legal and necessary steps to provide for the payment of the same. It shall be the duty of the said governing or taxing body of such public corporation in its next annual levy succeeding the determination aforesaid, to provide for the said assessment by levying a uniform rate upon all the taxable property within the boundaries of said public corporation, and certify the same to the board of county commissioners of the county in which such corporation is located, whose duty it shall be to proceed to certify the same for collection, for the benefit of the district, in like manner and with like remedies and penalties as is provided by law for collection of other assessments or taxes, for the benefit of the said public corporation.
B. The county treasurer shall receive, collect and pay the same to the treasurer as is herein provided for assessments of other property.
C. Nothing in this section shall prevent the assessment of the real estate of others situated within the corporate limits of such public corporation, which may be subject to assessment for special benefits to be received.
History:
Laws 1927, ch. 45, § 513; C.S. 1929, § 30-513; 1941 Comp., § 77-2913; 1953 Comp., § 75-30-13.
ANNOTATIONS
Constitutionality of construction fund and related provisions.
— This section, and Section 73-15-2 NMSA 1978 relating to appraisals and Section 73-16-6 NMSA 1978 relating to payment of construction fund assessments do not violate N.M. Const., art. IX, § 13.
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).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-17 - Revenue laws of state [applicable].

The revenue laws of this state for the assessment, levying and collection of taxes for state and county purposes, except as herein modified, shall be applicable for the purposes of the district in the collection of assessments including the enforcement of penalties and forfeiture for delinquent taxes. All interest and penalties that may be collected on delinquent assessments levied and assessed for district purposes shall be by the respective county treasurers delivered to the treasurer as herein provided for the delivery of assessments collected by such county treasurer.
History:
Laws 1927, ch. 45, § 516; C.S. 1929, § 30-516; 1941 Comp., § 77-2916; 1953 Comp., § 75-30-16.
ANNOTATIONS
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.
Constitutionality of annual levy provisions.
— This section and Section 73-16-15 NMSA 1978 relating to annual levy, when considered with other portions of the Conservancy Act (Laws 1927, ch. 45), are not uncertain, indefinite or blind, and are not obnoxious to provisions of the first paragraph of N.M. Const., art. IV, § 18, and the county treasurer cannot refuse to accept tenders of state and county taxes without payment at same time of conservancy district assessments, nor sell lands for both state and county taxes and conservancy district assessments after wrongfully refusing tender of state and county taxes.
Tondre v. Garcia
, 1941-NMSC-042, 45 N.M. 433, 116 P.2d 584.
Statutes of limitation.
— This section raises the question as to whether or not the 10-year statute of limitations on taxation was incorporated into the Conservancy District Act. It may be that it was. It is reasonably certain that collections for these assessments may not be made beyond 10 years. However, there is a possibility that, as in paving assessments and under the holding of
Altman v. Kilburn
, 1941-NMSC-023, 45 N.M. 453, 116 P.2d 812, collection for these assessments may be barred after four years (Section 37-1-25 NMSA 1978). 1956 Op. Att'y Gen. No. 56-6563.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-18 - Division of assessment.

When any property has been divided, sold or transferred, the county treasurer may receive district assessments on a part of any tract, piece or parcel of land or other property, and give his receipt accordingly only when the deed or transfer of said property shows the agreed division of said assessments and the approval of the board of the district.
History:
Laws 1927, ch. 45, § 517; C.S. 1929, § 30-517; 1941 Comp., § 77-2917; 1953 Comp., § 75-30-17.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-19 - County takes property subject to lien of district assessments.

When any county shall take and hold any tax sale certificate or the title to any property under the provisions of this act, or of any taxing act of this state, such taking and holding shall be subject to the lien and charge of all district assessments, made, levied and assessed under the provisions of this act, and such district assessments shall be and become collectible as are other district assessments when the tax sale certificate or title to property taken and held by the county shall by sale or assignment become vested in any person.
History:
Laws 1927, ch. 45, § 518; C.S. 1929, § 30-518; 1941 Comp., § 77-2918; 1953 Comp., § 75-30-18.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-20 - County commissioners cannot rebate district assessments.

County commissioners shall have no power to abate, reduce or compromise by any order, sale or any other means or device whatsoever, any district assessment made, levied and assessed under the provisions of this act.
History:
Laws 1927, ch. 45, § 519; C.S. 1929, § 30-519; 1941 Comp., § 77-2919; 1953 Comp., § 75-30-19.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-21 - Board may be purchaser on sale.

The board shall have the power to bid in and hold for the use and benefit of the district and with like effect as any other purchaser, any property sold for delinquent taxes or district assessments and to purchase from the county or other owner the tax sale certificate or duplicate tax sale certificate outstanding against any property within the district. At the expiration of the period of redemption under any tax sale of property within the district, the board may, at its election pay all taxes, penalties, interests and costs represented by the tax sale certificate or duplicate tax sale certificate therefor and thereupon the county treasurer shall execute and deliver a tax deed conveying said property to the district.
History:
Laws 1927, ch. 45, § 520; C.S. 1929, § 30-520; 1941 Comp., § 77-2920; 1953 Comp., § 75-30-20.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-22 - Special proceedings to enforce collections.

In the event of any default in the payment of the interest or principal of any bonds issued, and if the said district or its proper officers shall fail or neglect to enforce the payment of any unpaid assessment, the holder of such bonds may, for himself and for the benefit of all others similarly situated, enforce the said liens by suit or action against the land or lands, property or properties, on which such assessment has not been paid, and against the said district; or may apply for the appointment of a receiver to collect the assessment and enforce the liens aforesaid; and the proceeds of such assessments and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by the said board which are then due and payable; and the said receiver may be directed by suit to foreclose the lien of said assessments on said property and the suits so brought by the receiver shall be conducted in all matters as suits for the collection of debts and foreclosure of liens under mortgages and trust deeds, and the decrees in such suits and the deeds issued pursuant thereto, shall have the same presumption in their favor; provided, however, that when all such sums have been paid, the receiver shall be discharged, and the affairs of the district conducted by the board as hereinbefore provided.
In any special proceeding commenced under the provisions of this section, the district, and all land and all property or properties on which assessments have not been paid, may be made joint defendants, but separate judgments shall be entered and enforced.
History:
Laws 1927, ch. 45, § 521; C.S. 1929, § 30-521; 1941 Comp., § 77-2921; 1953 Comp., § 75-30-21.
ANNOTATIONS
Cross references.
— For public lands not to be sold for assessments,
see
73-17-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-23 - Assessment records prima facie evidence.

The records of assessments contained in the respective assessments [assessment] records of the district and of the respective counties thereof shall be prima facie evidence in all courts of all matters therein contained.
History:
Laws 1927, ch. 45, § 522; C.S. 1929, § 30-522; 1941 Comp., § 77-2922; 1953 Comp., § 75-30-22.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-24 - Remedy for defective assessments.

If any assessment made under the provisions of this act shall prove invalid, the board shall by subsequent or amended acts or proceedings promptly and without delay remedy all defects or irregularities, as the case may require, by making and providing for the collection of new assessments or otherwise.
History:
Laws 1927, ch. 45, § 523; C.S. 1929, § 30-523; 1941 Comp., § 77-2923; 1953 Comp., § 75-30-23.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-25 - Ex-officio district treasurer.

The county treasurer of the county in which is located any portion of the lands of the district shall be and he is hereby constituted ex-officio district treasurer of the district extending into his county, and the said county treasurer shall be liable upon his official bonds to indictment and criminal prosecution for malfeasance, misfeasance or failure to perform any duty herein prescribed, as county treasurer or ex-officio treasurer, as provided by law in either case as county treasurer.
History:
Laws 1927, ch. 45, § 524; C.S. 1929, § 30-524; 1941 Comp., § 77-2924; 1953 Comp., § 75-30-24.
ANNOTATIONS
Cross references.
— For secretary of board of directors to serve as treasurer of district unless a treasurer is otherwise provided for by the board,
see
73-14-35 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-26 - Bond of county treasurer.

Before receiving the assessment records, the treasurer of each county into which the district extends, shall furnish a corporate surety company bond, at the expense of the district, executed to the district, in a sum not less than the probable amount to be collected by him for the district during any one year, conditioned that said treasurer shall as hereinbefore provided pay over and account for all assessments so collected by him. Said bond after approval by the board shall be deposited with the clerk who shall produce the same for inspection and use as evidence whenever and wherever lawfully required so to do.
History:
Laws 1927, ch. 45, § 525; C.S. 1929, § 30-525; 1941 Comp., § 77-2925; 1953 Comp., § 75-30-25.
ANNOTATIONS
Cross references.
— For surety bonds and companies,
see
46-6-1 to 46-6-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-27 - Duty of county treasurer to pay over tax; failure.

All collections of any assessments made by any county treasurer shall be paid to the treasurer of the proper district, on or before the tenth day of the next succeeding calendar month. If any county treasurer or other person entrusted with the collection of any assessment made under the provisions of this act, refuses, fails or neglects to make prompt payment of the assessments, or any part thereof, collected under this act to the treasurer of the district upon his presentation of a written demand for the board, then he shall pay a penalty of ten (10%) percent on the amount of his delinquency; such penalty shall at once become due and payable and both he and his sureties shall be liable therefor on his bond provided for in this act.
History:
Laws 1927, ch. 45, § 526; C.S. 1929, § 30-526; 1941 Comp., § 77-2926; 1953 Comp., § 75-30-26.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-28 - Surplus funds and annual reports.

A. Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment or for accomplishing any other of the legitimate objects of the district.
B. At least once a year, or oftener if the court shall so order, the board shall make a report to the court of its proceedings and an accounting of receipts and disbursements to that date, which shall be filed with the clerk. Thereupon the court shall order the auditing of said accounts by competent public accountants, who shall file their reports thereon with the clerk, which audit shall be in lieu of and fulfill all purposes of any audit now required by law for any similar political subdivision of the state.
History:
Laws 1927, ch. 45, § 527; C.S. 1929, § 30-527; 1941 Comp., § 77-2927; 1953 Comp., § 75-30-27.
ANNOTATIONS
Legislative intent.
— The intention of the legislature was to provide for an annual audit for the political subdivision, but did not exempt them from control of the state comptroller (now state auditor). 1953 Op. Att'y Gen. No. 53-5658.
Annual reports, generally.
— Conservancy districts should, as other political subdivisions of the state, make the required reports to the office of the state comptroller (now state auditor). 1937 Op. Att'y Gen. No. 37-1800.
Audits, generally.
— Any of the political subdivisions of the state has a right under the law to make independent audits or such audits may be made by the office of the state comptroller (now state auditor). It is an audit of this nature to which this section refers. 1937 Op. Att'y Gen. No. 37-1800.
Reference to "any audit".
— The exception in Subsection B regarding "any audit now required by law" only refers to former 7-107 NMSA 1941, which was in effect at the time Subsection B was enacted, and not to the Audit Act, which was not enacted until 1969. 1989 Op. Att'y Gen. No. 89-07.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-29 - Compensation of officials.

A. Each member of the board of directors shall receive five ($5.00) dollars per day and his necessary expenses for the time actually employed in the performance of his duties.
B. Each appraiser shall receive ten ($10.00) dollars per day and his expenses for the time actually employed in the performance of his duties.
C. Before any duties devolve upon the county treasurers under this act, the board shall consult them and agree upon the salaries for the extra clerical force, if any, required in their respective offices to carry out the requirements of the law by reason of the establishment of a district, and the said board shall provide for and pay said salaries to said clerk or clerks while engaged on the work of the district, which clerks shall be selected and appointed by each of said county officers for their respective offices. In case of disagreement as to the compensation of such extra clerical force, the matter shall be referred to the court for its determination.
History:
Laws 1927, ch. 45, § 528; C.S. 1929, § 30-528; 1941 Comp., § 77-2928; 1953 Comp., § 75-30-28.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
compiler's notes to 73-16-2 NMSA 1978.
Generally.
— Appraisers receive compensation for their services upon a per diem basis for the time actually employed in the performance of their duties.
Zamora v. Middle Rio Grande Conservancy Dist.
, 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.
Board of appraisers and assistants.
— The compensation paid to the board of appraisers comes from the money which is set aside by conservancy law for the operation of the conservancy district. The board of directors of the conservancy district does not exercise any control over the operation of the board of appraisers and their assistants. The control of the board of appraisers is actually exercised by the court. 1956 Op. Att'y Gen. No. 56-6529.
Extra clerical help of assessor.
— The county assessor of Socorro county cannot require that the Middle Rio Grande conservancy district enter into an agreement with such assessor whereby the conservancy district agrees to pay for extra clerical help needed by the assessor to help collect conservancy district assessments. No authorization for the assessor to enter into such an agreement is found in the statutes. The fact that the assessor must hire extra clerical help to properly assist in conservancy district assessment collections is of no consequence legally. Such an agreement between the assessor and the conservancy district is not authorized and, therefore, cannot be required. 1960 Op. Att'y Gen. No. 60-131.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right of governmental unit other than flood control district, or officers thereof, to compensation for collecting or disbursing assessment, of levee or flood control districts, 114 A.L.R. 1098.
52A C.J.S. Levees and Flood Control § 21; 94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-30 - [Conservation and development of resources; assessments authorized.]

That conservancy districts heretofore or hereafter created under New Mexico statutes be and hereby are authorized to levy an assessment of not to exceed 10% of the special benefits confirmed and approved for the purpose of conserving and developing the resources thereof, servicing outstanding bonds or obligations of such districts and for other purposes under the terms and conditions herein specified.
History:
Laws 1935, ch. 37, § 1; 1941 Comp., § 77-2929; 1953 Comp., § 75-30-29.
ANNOTATIONS
Emergency clauses.
— Laws 1935, ch. 37, § 12, made the act effective February 16, 1935.
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 73-16-31 - [Conservation and development fund assessment; levy; records; payment.]

Said special assessment shall be known as the "conservation and development fund assessment"; [it] shall be made by resolution of the board and duly extended on the proper district and tax records in like manner and in accordance with the same procedure as the construction fund assessment under the provisions of the Conservancy Act of New Mexico [73-14-3 NMSA 1978]. A complete record in duplicate shall be kept of the conservation and development fund assessment similar to the records and extension thereof required to be made for the construction fund assessment, and said conservation and development fund assessment may, by sufficient columns provided therefor, be recorded on the same books as the construction fund assessment record, or in such manner as shall be most convenient for the proper recording thereof.
Under the terms of a resolution levying and extending said conservation and development fund assessment, principal payments thereon by the property owners shall commence to be paid within five years from the date thereof, and be apportioned over the remainder of the life of the conservancy bonds theretofore issued, but like opportunity shall be given the property owners to pay said assessment in cash as provided for in the case of the construction fund assessment under the Conservancy Act; and nothing herein contained shall impair the right of said districts in the making of annual levies for construction fund and maintenance fund assessments to levy sufficient amounts as may be necessary to service all of the outstanding obligations of said district, including interest and principal as needed to pay and discharge those authorized under the provisions hereof, at the time and in the manner prescribed for annual levies under Section 514 [73-16-15 NMSA 1978] of the Conservancy Act.
History:
Laws 1935, ch. 37, § 2; 1941 Comp., § 77-2930; 1953 Comp., § 75-30-30.
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.
Cross references.
— For construction fund assessment,
see
73-16-4, 73-16-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 70 to 72.
52A C.J.S. Levees and Flood Control §§ 28 to 39; 94 C.J.S. Waters §§ 332 to 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-32 - [Conservation and development fund created; legislative finding.]

In addition to the separate funds provided for under Section 501, Subsection 1 [73-16-1 A NMSA 1978] of Article V of the Conservancy Act [of New Mexico], there is hereby created a separate fund to be known as the "conservation and development fund," by which shall be meant the proceeds of a special levy hereby authorized to be made against the special benefits appraised, equalized and confirmed; and legislative finding is hereby made that for the purpose of conserving and developing the resources of any conservancy district heretofore or hereafter created under the Conservancy Act of New Mexico, the lands and properties therein have and will be benefited by the construction of the official plan and the conserving and developing of the resources thereof to the extent of the benefits confirmed and approved, and that the same have and will be further benefited and improved by conserving and developing the resources thereof in the manner provided hereunder.
History:
Laws 1935, ch. 37, § 3; 1941 Comp., § 77-2931; 1953 Comp., § 75-30-31.
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 73-16-33 - [Conservancy bonds; conservation and development issue.]

That conservancy districts heretofore or hereafter organized under the provisions of the Conservancy Act of New Mexico, subsequent to the passage of a resolution authorizing the conservation and development fund assessment, may issue additional bonds to be known as "conservancy bonds - conservation and development issue" which bonds shall be in similar or like form to the bonds provided for under Section 506 [73-16-7 NMSA 1978] of the Conservancy Act, save and except that they shall have printed thereon the following words: "Conservancy Bonds - Conservation and Development Issue," and made otherwise to conform to the provisions of this act [73-16-30 through 73-16-40 NMSA 1978].
History:
Laws 1935, ch. 37, § 4; 1941 Comp., § 77-2932; 1953 Comp., § 75-30-32.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
52A C.J.S. Levees and Flood Control § 40; 94 C.J.S. Waters §§ 322 to 337.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-34 - [Interest rate; sale to governmental agencies without advertisement.]

The bonds authorized under the provisions hereof shall bear a rate of interest not exceeding 6%, and the same may be sold to the United States government, the reconstruction finance corporation or any federal or state governmental agency without advertisement.
History:
Laws 1935, ch. 37, § 5; 1941 Comp., § 77-2933; 1953 Comp., § 75-30-33.
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.
The reconstruction finance corporation was abolished by the 1957 Reorganization Plan No. 1 and its functions transferred to the Housing and Home Finance Administration.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-35 - [Bonds tax exempt; investment of state funds.]

The bonds herein authorized shall be entitled to all the privileges of tax exemption and be eligible for the investment of state funds in like manner as provided for conservancy bonds under the provisions of Sections 507 and 508 [73-16-8, 73-16-9 NMSA 1978] of the Conservancy Act [of New Mexico].
History:
Laws 1935, ch. 37, § 6; 1941 Comp., § 77-2934; 1953 Comp., § 75-30-34.
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 73-16-36 - [Amount of bonds; use of proceeds; exemptions from assessment.]

Securities authorized to be issued under provisions hereof may be issued in an amount not exceeding 10% of the benefits confirmed and approved in accordance with Articles IV and V of the Conservancy Act [of New Mexico] and the proceeds upon the sale, exchange or delivery thereof shall be devoted to conserving and developing the resources of said conservancy district, the servicing of outstanding obligations thereof or any other expenses and carrying charges of said district, but no property which has paid in full its construction fund assessment prior to the issuance of said securities shall be subject to the conservation and development fund assessment.
History:
Laws 1935, ch. 37, § 7; 1941 Comp., § 77-2935; 1953 Comp., § 75-30-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The provisions of Articles IV and V of the Conservancy Act of New Mexico are presently compiled as 73-15-1 to 73-15-15 and 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 NMSA 1978 respectively.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-37 - [Application of other laws.]

All of the provisions of Article V of the Conservancy Act of New Mexico relating to the manner of filing, extension on district or tax records, issuance, payment, financial administration and other clauses of the Conservancy Act pertaining to the construction fund assessment or the issuance of bonds and the payments therefor and thereon; the duties of public officers in connection therewith; the annual levies therefor and the lien of construction fund assessment shall be applicable to and apply with like force to conservation and development fund assessments save and except the negotiable securities authorized to be sold under the provisions hereof may be disposed of or pledged to the United States government, the reconstruction finance corporation or any federal or other governmental agency without advertisement on sale, pledge or other disposition thereof, and said "conservation and development issue" or bonds shall otherwise be made to conform to the provisions of this act [73-16-30 to 73-16-40 NMSA 1978].
History:
Laws 1935, ch. 37, § 8; 1941 Comp., § 77-2936; 1953 Comp., § 75-30-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The provisions of Article V of the Conservancy Act are presently compiled as 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 NMSA 1978.
The reconstruction finance corporation was abolished by the 1957 Reorganization Plan No. 1 and its functions transferred to the Housing and Home Finance Administration.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-38 - [Bonds in serial form; maturity dates.]

The securities authorized to be issued hereunder shall be serial in form and the entire issue of said conservation and development fund bonds so serially to be issued shall begin to mature within five years after the issuance thereof and a like amount as near as may be of principal and interest shall fall due and mature annually thereafter as in the case of other conservancy bonds, save that the life of the bonds authorized under the terms of this act [73-16-30 to 73-16-40 NMSA 1978] shall be so adjusted serially that all of the principal and interest thereof shall fall due and be payable within the life of the original construction fund bonds.
History:
Laws 1935, ch. 37, § 9; 1941 Comp., § 77-2937; 1953 Comp., § 75-30-37.
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 73-16-39 - [Bonds considered additional to other bonds; authority to issue; limitations.]

The bonds authorized to be issued under the terms hereof shall not in any manner impair the original construction fund bond issue, but shall be considered as additional securities authorized to be issued by conservancy districts, and full legislative authority is hereby granted to said districts to sell tax anticipation bonds, refunding bonds, debentures and other negotiable securities, pledging the full faith and credit of such districts, and power is hereby granted to such districts for the levy of special assessments to pay the same, but in no event shall the assessments or outstanding obligations of such districts exceed the amount of the benefits confirmed and approved.
History:
Laws 1935, ch. 37, § 10; 1941 Comp., § 77-2938; 1953 Comp., § 75-30-38.
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 73-16-40 - [Limited repeal.]

All provisions of the original Conservancy Act of New Mexico conflicting herewith or limiting the power of conservancy district to issue or sell negotiable securities conforming to the provisions of this act [73-16-30 to 73-16-40 NMSA 1978] are to that extent repealed, but no remaining provisions of said Conservancy Act, otherwise than necessary to conform hereto or affected hereby shall be changed, altered or repealed.
History:
Laws 1935, ch. 37, § 11; 1941 Comp., § 77-2939; 1953 Comp., § 75-30-39.
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 73-16-41 - [Guaranty fund established in districts of 50,000 acres or more.]

That conservancy districts heretofore or hereafter organized under the Conservancy Act of New Mexico [73-14-3 NMSA 1978], be and they hereby are authorized and directed, in addition to the separate funds now provided for, to establish in the manner hereinafter set forth a "guaranty fund" for the purpose of guaranteeing the prompt payment of the principal of and the interest upon all conservancy bonds heretofore issued or hereafter to be issued as the same may severally mature.
History:
Laws 1931, ch. 50, § 1; 1941 Comp., § 77-2940; 1953 Comp., § 75-30-40.
ANNOTATIONS
Emergency clauses.
— Laws 1931, ch. 50, § 14, made the act effective March 13, 1931.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
52A C.J.S. Levees and Flood Control § 40; 94 C.J.S. Waters § 330.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 16 - Conservancy Districts; Financial Administration › Section 73-16-42 - [Tax levy for guaranty fund.]

That for the establishment and maintenance of such guaranty fund, the board of commissioners or directors of any such district be and they hereby are authorized and directed annually to levy a tax, in addition to all other taxes, upon the real property within such district subject to general taxation for state and county purposes, of two mills for every dollar of the assessed valuation thereof, as shown by the last preceding assessment for state and county taxes; provided, however, that whenever and so long as the amount of such guaranty fund equals or exceeds an amount equal to fifteen per centum of the total bonded indebtedness of such district, no further levy shall be made therefor, unless and until the amount of such fund may be depleted by payments therefrom as hereinafter authorized.
History:
Laws 1931, ch. 50, § 2; 1941 Comp., § 77-2941; 1953 Comp., § 75-30-41.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Real estate to include steam production equipment.
— Steam production equipment, consisting of turbines, boilers, pumps and fans, was real estate for taxation purposes where the utility company installed and maintained such equipment on special foundations, could not foresee moving it because of its huge size and weight and such equipment was the very heart of the company's business.
Southwestern Pub. Serv. Co. v. Chaves County
, 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.
Electric transmission and distribution substation equipment not real estate.
— Electric transmission and distribution substation equipment, consisting of transformers, switches and circuit breakers, was not real estate for taxation purposes since it was readily portable and had very little, if any, annexation or adaptation.
Southwestern Pub. Serv. Co. v. Chaves County
, 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 70 to 72.
52A C.J.S. Levees and Flood Control §§ 28 to 39; 94 C.J.S. Waters §§ 332 to 337.