reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-29 - [Contracts for construction of works; advertisement; bids; contractor's bond; supervision by engineer.]

After adopting a plan for the construction of canals, reservoirs and works, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation district extends, provided a newspaper is published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for proposals or may proceed to construct the work under their own superintendence.
Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge subject to the approval of the board.
History:
Laws 1919, ch. 41, § 23; C.S. 1929, § 73-223; 1941 Comp., § 77-2127; 1953 Comp., § 75-22-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
Project under federal grant requires shorter notice.
— Any municipality or political subdivision is permitted to advertise the construction of public works projects when under federal loan or grant for a minimum period, not exceeding five days, regardless of the provisions of any general, special, or local law which may provide for a longer period of advertisement. 1939 Op. Att'y Gen. No. 39-3107.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 80 to 87.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-30 - [Claims against district; verification; allowance; warrants; register; payment.]

No claims shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall state the date authorized by the board and for what purpose: provided, no warrant shall be issued or obligation incurred unless the district treasurer has sufficient funds on hand to pay such warrant when it is presented for payment. All claims against the district shall be verified and the secretary of the district is hereby authorized and empowered to administered [administer] oaths to the parties verifying said claims, the same as the county clerk or a notary public might do. The district treasurer shall keep a register in which he shall enter each warrant as issued and as presented for payment, showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and all warrants shall be paid in the order of their presentation for payment to the district treasurer. All warrants shall be drawn payable to the claimant or bearer, the same as county warrants.
History:
Laws 1919, ch. 41, § 24; C.S. 1929, § 73-224; 1941 Comp., § 77-2128; 1953 Comp., § 75-22-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 64, 65.
94 C.J.S. Waters § 365.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-31 - [Expenses of organization, operation and improvements to be paid from water tolls and/or tax levies; tax levy to complete original construction.]

For the purpose of defraying the expenses of the organization of the district, and the care, operation, management, repair and improvement of all canals, ditches, reservoirs and works, including drainage works and including salaries of officers and employees and for rental or charges for water supplied to said district under any contract with owners of other irrigation works, the board may fix rates of tolls and charges and collect the same of all persons using said canal and water for irrigation or other purposes, or may provide, in whole or in part, for the payment of such expenditures by levy of taxes therefor, as hereinbefore provided or by both tolls and taxes. In case the money raised by the sale of bonds issued be insufficient and in case bonds be unavailable for the construction or completion of any works in accordance with plans adopted, it shall be the duty of the board of directors to provide for the completion of said works by causing the levy of a tax therefor in the same manner in which levy of taxes is made for the other purposes provided for in this act.
History:
Laws 1919, ch. 41, § 25; C.S. 1929, § 73-225; 1941 Comp., § 77-2129; 1953 Comp., § 75-22-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 52 to 55.
94 C.J.S. Waters § 293.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-32 - [Crossings authorized; right-of-way over state lands granted.]

The board of directors shall have the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals may intersect or cross; and if said board and the owners or controllers of the property so to be crossed cannot agree on the amount to be paid therefor, or as to the points or the manner of said crossings, the same shall be ascertained and determined in all respects as is provided by law in respect to the taking of land for public uses. The right-of-way is hereby granted to locate, construct and maintain said works or reservoirs, over, through or upon any of the lands which are now, or may be the property of the state.
History:
Laws 1919, ch. 41, § 26; C.S. 1929, § 73-226; 1941 Comp., § 77-2130; 1953 Comp., § 75-22-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For eminent domain,
see
42A-1-1 NMSA 1978 et seq.
For bridges at road crossings,
see
67-7-9 and 72-8-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 76.
93 C.J.S. Waters § 214.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-33 - Compensation of directors and secretary; personal interest in contracts; bribery; penalty.

The board of directors shall each receive compensation at the rate of five dollars ($5.00) per day while attending meetings, and their actual and necessary expenses while engaged in official business. The salary of the secretary shall not exceed twelve hundred dollars ($1,200) a year. No director or any officer named in this act shall, in any manner, be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; nor shall such director or officer receive any bonus, gratuity or bribe; and for any violation of this provision any such director or officer shall be deemed guilty of a felony, and upon conviction thereof shall forfeit his office, and be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment in the penitentiary not exceeding five years or less than one year.
History:
Laws 1919, ch. 41, § 27; C.S. 1929, § 73-227; 1941 Comp., § 77-2131; 1953 Comp., § 75-22-31; Laws 1957, ch. 100, § 1.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 320.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-34 - [Statutory authorization required for debts and liabilities.]

The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.
History:
Laws 1919, ch. 41, § 28; C.S. 1929, § 73-228; 1941 Comp., § 77-2132; 1953 Comp., § 75-22-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 62 to 72.
94 C.J.S. Waters § 243.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-35 - [Water volume insufficient; distribution.]

In case the volume of water in any canal, reservoir or other works in any district shall not be sufficient to supply the continual wants of the entire district and of lands susceptible of irrigation therein, then it shall be the duty of the board of directors to distribute all available water upon certain or alternate days to different localities as they may in their judgment think best for the interest of all parties concerned.
History:
Laws 1919, ch. 41, § 29; C.S. 1929, § 73-229; 1941 Comp., § 77-2133; 1953 Comp., § 75-22-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 49 to 51.
Duty of mutual association, nonprofit organization, or co-operative to furnish utilities services, 56 A.L.R.2d 413.
94 C.J.S. Waters § 361.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-36 - [Prior water rights protected.]

Nothing herein contained shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal or reservoir.
History:
Laws 1919, ch. 41, § 30; C.S. 1929, § 73-230; 1941 Comp., § 77-2134; 1953 Comp., § 75-22-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 49 to 51.
Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to reclamation act, to a perpetual right beyond control of federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320.
Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743.
93 C.J.S. Waters §§ 58 to 70.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-37 - [Change of district boundaries; authorization; effect.]

The boundaries of any irrigation district now or hereafter organized under the provisions of this act, may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it or the owner of lands therein were or might become liable or chargeable had such change of its boundaries not been made.
History:
Laws 1919, ch. 41, § 31; C.S. 1929, § 73-231; 1941 Comp., § 77-2135; 1953 Comp., § 75-22-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-38 - [Petition for annexation of lands; who may file; contents; acknowledgment.]

The holder or holders of title, or evidence of title, or any body of land adjacent to or situate within the boundaries of any irrigation district, may file with the board of directors of said district a petition in writing, praying that such lands be included in such district. The petition shall describe the tracts, or body of land owned by the petitioners, but such description need not be more particular than is required when such lands are entered by the county assessor in the assessment book. Such petition shall be deemed to give the assent of the petitioners to the inclusion of said district of the lands described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
History:
Laws 1919, ch. 41, § 32; C.S. 1929, § 73-232; 1941 Comp., § 77-2136; 1953 Comp., § 75-22-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
93 C.J.S. Waters § 15.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-39 - [Notice of proposed annexation; contents; publication; costs.]

The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once a week for three successive weeks in a newspaper published in the county where the office of said board is situate, which notice shall state the filing of such petition and the names of the petitioners; a description of the lands mentioned in the petition, and the prayer of said petitioners; giving notice to all persons interested, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the petition should not be granted. The time specified in the notice at which it shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under such petition before the secretary shall be required to give such notice.
History:
Laws 1919, ch. 41, § 33; C.S. 1929, § 73-233; 1941 Comp., § 77-2137; 1953 Comp., § 75-22-37.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 56.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-40 - [Hearing on proposed annexation; written objections.]

The board of directors, at the time and place mentioned in said notice, or at such time or times to which the hearing of such petition may be adjourned, shall proceed to hear the petition, and all objections thereto, presented in writing by any person showing cause as aforesaid why said petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the inclusion of such lands in said district as prayed for in said petition.
History:
Laws 1919, ch. 41, § 34; C.S. 1929, § 73-234; 1941 Comp., § 77-2138; 1953 Comp., § 75-22-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 56.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-41 - [Petitioners required to pay sums determined by directors.]

The board of directors to whom such petition is presented may require as a condition precedent to the granting of the same that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as said petitioners or their grantors would have been required to pay for their pro rata share of all bonds and the interest thereon which may have previously thereto been issued by said district had such lands been included in such district at the time the same was originally formed or when said bonds were so issued; and said board may require such petitioners to pay such further sums as the board may deem just on account of irrigation works or water rights paid for otherwise than by issue of bonds.
History:
Laws 1919, ch. 41, § 35; C.S. 1929, § 73-235; 1941 Comp., § 77-2139; 1953 Comp., § 75-22-39.
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 9 - Irrigation Districts › Section 73-9-42 - [Decision on petition; survey; allowance nullified by protests within thirty days.]

The board of directors, if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall by order reject the said petition, but if they deem it for the best interests of the district that said lands be included the board may order that the district be so changed as to include therein the lands mentioned in the said petition. The order shall describe the entire boundaries of the district with the lands so included, if the district boundaries be changed thereby, and for that purpose the board may cause a survey to be made of such portion of such boundaries as may be deemed necessary: provided, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the inclusion of such lands in said district, said order shall be held for naught and said lands shall not be included therein.
History:
Laws 1919, ch. 41, § 36; C.S. 1929, § 73-236; 1941 Comp., § 77-2140; 1953 Comp., § 75-22-40.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 58 to 61.
94 C.J.S. Waters § 321.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-43 - [Allowance of petition for annexation; certified copy of order and plat; recording; effect; evidence.]

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district showing such change, certified by the president and secretary, shall be filed for record in the office of the county clerk of each county in which are situate any of the lands of the district, and the district shall remain an irrigation district as fully to all intents and purposes as if the lands which are included in the district by the change aforesaid had been included therein at the organization of the district; and said district as so changed and all the lands therein shall be liable for all existing obligations and indebtedness of the organized district.
Upon the filing of the copies of the order and the plat, as herein mentioned, copies thereof, certified by said county clerk, shall be admissible in evidence to prove the inclusion of said lands in said district.
History:
Laws 1919, ch. 41, § 37; C.S. 1929, § 73-237; 1941 Comp., § 77-2141; 1953 Comp., § 75-22-41.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 56.
93 C.J.S. Waters § 15.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-44 - Participation in proceedings for change of district boundaries.

A guardian, conservator or personal representative of an estate, who is appointed as such under the laws of this state, and who, as such guardian, conservator or personal representative, is entitled to the possession of the lands belonging to the estate which he represents, may on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign any petition or protest in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed or additional lands included therein.
History:
Laws 1919, ch. 41, § 38; C.S. 1929, § 73-238; 1941 Comp., § 77-2142; 1953 Comp., § 75-22-42; Laws 1975, ch. 257, § 8-129.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-45 - [Redivision of district after annexation.]

In case of the inclusion of any lands within any district by proceedings under this act the board of directors shall, if they deem necessary, at least thirty days prior to the next succeeding regular election, make an order redividing such district into three divisions, as nearly equal in size as may be practicable, and one director shall thereafter be elected for each division as hereinbefore provided.
History:
Laws 1919, ch. 41, § 39; C.S. 1929, § 73-239; 1941 Comp., § 77-2143; 1953 Comp., § 75-22-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 59.
93 C.J.S. Waters § 76.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-46 - [Exclusion of lands from district; authorization; effect.]

Any tract of land included within the boundaries of any such district, at or after its organization under the provisions of this act, may be excluded therefrom, in the manner herein prescribed, but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatever kind or nature; nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which the district or the land so excluded is liable or chargeable, at the time such land is excluded from the district.
History:
Laws 1919, ch. 41, § 40; C.S. 1929, § 73-240; 1941 Comp., § 77-2144; 1953 Comp., § 75-22-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-47 - Petition or resolution for exclusion.

The owner or owners in fee of any lands constituting a portion of any irrigation district, may file with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The board of directors of said district may also initiate such exclusion proceedings against any lands which, in their judgment, it would be for the best interests of the district and all parties interested therein to exclude, by resolution adopted by it and included in the minutes of any regular meeting of said board or of any special meeting thereof called for that purpose. Said petition or said resolution shall describe the lands which the petitioners or the board of directors desire to have excluded, but the description of such lands need not be more particular than required when lands are entered in the assessment book by the county assessor. When such exclusion proceedings shall be initiated by petition of landowners, said petition must be acknowledged in the same manner and form as is required in case of a conveyance of land.
History:
Laws 1919, ch. 41, § 41; C.S. 1929, § 73-241; Laws 1935, ch. 36, § 4; 1941 Comp., § 77-2145; 1953 Comp., § 75-22-45.
ANNOTATIONS
Compiler's notes.
— Although the title of Laws 1927, ch. 148, purports to amend Laws 1919, ch. 41, § 41, the section was not included in that act. The title should have included § 41 as § 49 was amended by Laws 1927, ch. 148.
See
compiler's note under 73-9-55 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-48 - Petition or resolution for exclusion; notice; publication.

Upon the filing of said petition for exclusion or upon the adoption of such resolution for exclusion by the board of directors, the secretary of said board shall cause notice of such petition, or resolution to be published, once, in some newspaper published in the county where the office of the board of directors is situated, and, if any portion of said district lies within another county or counties, then said notice shall be published in a newspaper published within each of said counties. Said notice shall state the filing of such petition or the adoption of such resolution, the description of the lands mentioned in said petition or resolution and which it is desired be excluded from such district and it shall notify all persons interested to appear at the office of said board at a time named in said notice and show cause in writing, if any they have, why said petition or resolution should not be finally granted or adopted. The time and place of hearing on said petition or resolution shall be at any regular or special meeting of said board of directors and at the established office and place of business of said board and shall be upon a date not earlier than five days after the publication of said notice. If said exclusion proceedings be initiated by the landowners by petitions, said petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings on such petition before the secretary shall be required to give such notice. A copy of said notice as published shall be by the secretary of said board mailed to each and all of the then owners of the tracts or parcels of lands proposed to be excluded from said district where said owners and their addresses are known, and in the event the owners of said lands or their addresses are not known, said notice shall be mailed and addressed to any last known owner of said parcel or parcels of land so proposed to be excluded and said notice shall be so mailed not later than five days prior to the date set for hearing.
History:
Laws 1919, ch. 41, § 42; C.S. 1929, § 73-242; Laws 1935, ch. 36, § 5; 1941 Comp., § 77-2146; 1953 Comp., § 75-22-46.
ANNOTATIONS
Cross references.
— For notice by publication,
see
14-11-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-49 - Petition or resolution for exclusion; hearing.

The board of directors, at the time and place mentioned in the notice or at the time or times to which the hearing of said petition or resolution may have been adjourned, shall proceed to hear and consider any written objections which may have theretofore been filed by any person interested, to said petition or resolution for exclusion, and arguments, if any, by persons interested, in support or opposition to said petition or resolution.
History:
Laws 1919, ch. 41, § 43; C.S. 1929, § 73-243; Laws 1935, ch. 36, § 6; 1941 Comp., § 77-2147; 1953 Comp., § 75-22-47.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-50 - Petition or resolution for exclusion; hearing; order; protest.

If after the hearing provided in the last preceding sections said board of directors deem it not for the best interest of the district that the lands mentioned in the petition or resolution, or any portion thereof, should be excluded from said district, they shall order that said petition be denied or that said resolution be repealed and abrogated, but if they deem it for the best interest of the district that the lands mentioned in the petition or in the resolution, or some portion thereof, be excluded from the district, then the board may order the lands mentioned in the petition or resolution or some defined portion therefor [thereof] to be excluded from the district; provided that if, within ten days from the making of such order, three-fourths of the qualified electors of the district protest in writing, to said board, against the exclusion of said lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom; provided, further, that the exclusion of any lands which are now or may hereafter be included in any such irrigation district shall not be held to relieve any lands excluded from liability to assessment and levy for the purpose of paying and retiring any outstanding bonds and interest coupons which have theretofore been issued, but said lands shall, upon following the procedure provided in the foregoing Sections 73-9-46, 73-9-47, 73-9-48, 73-9-49 and 73-9-51 NMSA 1978, as hereby amended be thereafter wholly excluded from said district for all other purposes.
History:
Laws 1919, ch. 41, § 44; C.S. 1929, § 73-244; Laws 1934 (S.S.), ch. 8, § 12; 1935, ch. 36, § 7; 1941 Comp., § 77-2148; 1953 Comp., § 75-22-48.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-51 - [Unprotested allowance of petition; certified copy of order and plat; recording; effect.]

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change and a plat of such district showing such change, certified by the president and secretary, shall be filed for record in the office of the county clerk of each county in which are situate any of the lands of the district, and the district shall remain an irrigation district as fully to all intents and purposes as if the lands which are excluded by the change aforesaid, had not been excluded therefrom.
History:
Laws 1919, ch. 41, § 45; C.S. 1929, § 73-245; 1941 Comp., § 77-2149; 1953 Comp., § 75-22-49.
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 9 - Irrigation Districts › Section 73-9-52 - [Redivision of district after exclusion.]

At least thirty days before the next regular election of such district the board of directors thereof may, if they deem it necessary, make an order redividing said district into three divisions, as nearly equal in size as practicable, and one director shall be elected for each division as hereinbefore provided.
History:
Laws 1919, ch. 41, § 46; C.S. 1929, § 73-246; 1941 Comp., § 77-2150; 1953 Comp., § 75-22-50.
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 9 - Irrigation Districts › Section 73-9-53 - [Petition for dissolution of district; who may file; contents; calling election; notice; ballots.]

Whenever a majority of the resident freeholders, representing a majority of the number of the acres of the land included in any irrigation district organized or hereafter to be organized under this act, shall petition the board of directors to call a special election for the purpose of submitting to the qualified electors of said irrigation district a proposition to vote on the question of dissolution of said irrigation district, setting forth in said petition that all obligations, bills and claims of every nature whatsoever have been fully satisfied and paid, it shall be the duty of said directors, if they shall be satisfied that all obligations, claims and bills have been fully satisfied, to call an election, setting forth the object of the said election, and to cause notice of said election to be published in some newspaper in each of the counties in which any part of said district is located, for a period of thirty (30) days next prior to said election, setting forth the time and place for holding said election in each of the voting precincts in said district. It shall also be the duty of the directors to prepare ballots to be used at said election on which shall be written or printed the words: "For Dissolution - Yes," and "For Dissolution - No."
History:
Laws 1919, ch. 41, § 47; C.S. 1929, § 73-247; 1941 Comp., § 77-2151; 1953 Comp., § 75-22-51.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Waters § 338.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-54 - [Determining and declaring result of election; recording certificate.]

The board of directors shall name a day for canvassing the vote, and if it shall appear that a majority of said ballots contain the words, "For Dissolution - Yes," then it shall be the duty of said board of directors to make and cause to be entered upon their records an order declaring said district to be dissolved and to certify a copy of said order to the county clerk of each county wherein any part of said district is situated. And clerks shall record all such certificates in the records of the respective counties. Should it appear that a majority of the votes cast at said election were "For Dissolution - No," then the board of directors shall declare the proposition lost and shall cause the result to be made a part of the records of said irrigation district.
History:
Laws 1919, ch. 41, § 48; C.S. 1929, § 73-248; 1941 Comp., § 77-2152; 1953 Comp., § 75-22-52.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 58.
94 C.J.S. Waters § 319.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-55 - Bond issue; proceedings to determine validity.

The board of directors of an irrigation district organized under the provisions of this act may commence special proceedings, in and by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of said district, whether said bonds or any of them have or have not been sold, or disposed of, may be judicially examined, approved and confirmed.
History:
Laws 1919, ch. 41, § 49; 1927, ch. 148, § 6; C.S. 1929, § 73-249; Laws 1935, ch. 36, § 8; 1941 Comp., § 77-2153; 1953 Comp., § 75-22-53.
ANNOTATIONS
Compiler's notes.
— Laws 1927, ch. 148, § 6 amended Laws 1919, ch. 41, § 49, although the section number was erroneously omitted from the title of that act. The title to Laws 1927, ch. 148 erroneously included Laws 1919, ch. 41, § 41 and not Laws 1919, ch. 41, § 49.
"This act" properly was added by Laws 1935, ch. 36 and refers to presently compiled sections73-9-5, 73-9-17, 73-9-19, 73-9-47 to 73-9-50, 73-9-55 to 73-9-59 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-56 - Bond issue; petition for proceedings to determine validity.

The board of directors of the irrigation district shall file in the district court of the county in which the lands of the district, or some portion thereof, are situated, a petition, praying, in effect, that the proceedings aforesaid may be examined, approved and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue and sale of said bonds, and shall state generally that the irrigation district was duly organized, and that the first board of directors was duly elected, but the petition need not state the facts showing such organization of the district, or the election of said first board of directors.
History:
Laws 1919, ch. 41, § 50; 1927, ch. 148, § 7; C.S. 1929, § 73-250; Laws 1935, ch. 36, § 9; 1941 Comp., § 77-2154; 1953 Comp., § 75-22-54.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-57 - Proceedings to determine validity of bonds; notice of hearing.

The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published by one publication in any newspaper published in the county where the principal office of said district is located, said publication to be made not less than one week prior to the date fixed for the hearing of said petition. The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petitioners, and that any person interested in said district, or in the proceedings for the issue or sale of said bonds, may, on or before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and described in said notice as the petition of the board of directors of . . . . . . . . . . . . (giving its name), praying that the proceedings for the issue and sale of said bonds of said district may be examined, approved and confirmed by the court.
History:
Laws 1919, ch. 41, § 51; 1927, ch. 148, § 8; C.S. 1929, § 73-251; Laws 1935, ch. 36, § 10; 1941 Comp., § 77-2155; 1953 Comp., § 75-22-55.
ANNOTATIONS
Cross references.
— For publication of notice,
see
14-11-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-58 - Determining validity of bonds; procedure.

Any person interested in said district, or in the issue or sale of said bonds, may demur to or answer said petition. The provisions of the Code of Civil Procedure respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The persons so demurring and answering said petition shall be defendant to the special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer shall, for the purpose of said special proceeding, be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice relating to appeals and writs of error provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act are applicable to the special proceedings herein provided for.
History:
Laws 1919, ch. 41, § 52; 1927, ch. 148, § 9; C.S. 1929, § 73-252; Laws 1935, ch. 36, § 11; 1941 Comp., § 77-2156; 1953 Comp., § 75-22-56.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Cross references.
— For rules of procedure regarding answers,
see
Rules 1-008, 1-011, and 1-012 NMRA.
For rules regarding appeals to the supreme court,
see
Rules of Appellate Procedure.
For demurrers, pleas and exceptions for insufficiency of a pleading not to be used,
see
Rule 1-007(C) NMRA.
For the "Code of Civil Procedure" (now Rules of Civil Procedure for the District Courts),
see
Rule 1-001 NMRA et seq. and 38-1-1 and 38-1-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-59 - Determining validity of bonds; hearing; decree; costs.

Upon the hearing of such special proceedings the court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner in this act prescribed, and shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, each and all of the proceedings for the organization of said district under the provisions of said act, from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of said bonds, and the order of the sale and the sale thereof. The court, in inquiring into the regularity, legality or correctness of said proceedings, must disregard any error, irregularity or omission which does not affect the substantial rights of the parties to said special proceedings; and the court may by decree approve and confirm such proceedings in part, and disapprove and declare illegal or invalid other or subsequent parts of the proceedings. The costs of the special proceedings may be allowed and apportioned between the parties, in the discretion of the court.
History:
Laws 1919, ch. 41, § 53; 1927, ch. 148, § 10; C.S. 1929, § 73-253; Laws 1935, ch. 36, § 12; 1941 Comp., § 77-2157; 1953 Comp., § 75-22-57.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-60 - ["District" defined.]

Whenever the word "district" is used in this act it shall be held to mean and include only the lands described in the official order establishing said district and the official order including additional lands therein, if any, on record in the office of the county clerk and property and rights acquired by the district.
History:
Laws 1919, ch. 41, § 54; C.S. 1929, § 73-254; 1941 Comp., § 77-2158; 1953 Comp., § 75-22-58.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 9 - Irrigation Districts › Section 73-9-61 - [Former districts; validation of organization, bonds and contracts; application of article.]

Any irrigation district organized after March 18, 1909, and prior to the passage and approval of this act, substantially in accordance with the provisions of Chapter 109 of the Session Laws of 1909, or of Chapter 60 of the New Mexico Statutes, Code 1915, or Chapter 100, Session Laws, 1915, or of Chapter 21, Session Laws of 1917, and any bonds or contracts authorized or issued by any such district substantially in accordance with the provisions of either of said chapters, are hereby confirmed and validated, and such irrigation districts (except districts organized to cooperate with the United States), so organized and existing prior to the passage and approval of this act, and the officers thereof, shall be governed by and be entitled to all the benefits of, and shall have, exercise and perform all the powers and duties prescribed by the provisions of this act.
History:
Laws 1919, ch. 41, § 55; C.S. 1929, § 73-255; 1941 Comp., § 77-2159; 1953 Comp., § 75-22-59.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 109, (which was compiled as Chapter 60 in the Code 1915), Chapter 60 of Code 1915, Laws 1915, ch. 100, and Laws 1917, ch. 21 were repealed by Laws 1919, ch. 41, § 56.
See
73-9-62 NMSA 1978.
The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.