reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-20 - [Meetings of directors; records; inspection by elector or federal agent; entry on lands; eminent domain.]

The directors shall hold quarterly meetings on the first Tuesday in January, April, July and October, and such special meetings as may be required for the proper transaction of the business. Calls for special meetings shall be made by the president or a majority of the directors. Meetings of the board shall be public and a majority of the board shall constitute a quorum for the transaction of business. All records of the board shall be open to inspection by any qualified elector during business hours. Such boards [board] of directors or the secretary thereof shall at any time allow any officer or agent of the United States, when acting under the order of the secretary of the interior, to have access to all books, records and vouchers of the district which are in the possession or under the control of the secretary or of the board.
The board, its agents and employees, shall have the right to enter upon any land in the district and make surveys and to locate any canals or open or close drainage conduits. The board shall also have the right to acquire by purchase or condemnation all lands, rights-of-way, franchises, canals, ditches and other water conduits or other property necessary for the use of the district or for the construction, use, maintenance, repair or improvement of its canals, ditches or other conduits or drainage works or for the enlargement or extension thereof.
History:
Laws 1917, ch. 22, § 20; C.S. 1929, § 40-220; 1941 Comp., § 77-2020; 1953 Comp., § 75-21-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For general condemnation statutes,
see
Chapter 42A NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-21 - [Title and management of property.]

The title to all property acquired under the provisions of this chapter [73-8-1 to 73-8-60 NMSA 1978] shall immediately and by operation of law vest in such drainage district, in its corporate name, and shall be held by such district in trust for, and is hereby dedicated and set apart for the uses and purposes set forth in this act [73-8-1 to 73-8-60 NMSA 1978] and shall be exempt from all taxation; and said board is authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein provided: provided, further, that any property acquired by the district may be conveyed to the United States insofar as the same may be needed for the construction, operation and maintenance of works by the United States for the benefit of the district under any contract that may be entered into by the United States pursuant to this act.
History:
Laws 1917, ch. 22, § 21; C.S. 1929, § 40-221; 1941 Comp., § 77-2021; 1953 Comp., § 75-21-21.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-22 - [Powers of board; judicial notice of district organization.]

Said board shall be authorized to make conveyances or assurances for all property acquired by it under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] in the name of the district to and for the purposes herein expressed, to institute and maintain all actions and proceedings or suits at law or in equity necessary or proper for fully carrying out the provisions of this act or to enforce, maintain, protect or preserve any or all rights, privileges and immunities created by this act or acquired in pursuance hereof. In all courts, actions, suits or proceedings, the board may sue, appear or defend in person or by attorneys and in the name of the district. Judicial notice shall be taken in all actions, suits and judicial proceedings in any court of this state of the organization and existence of any drainage district of this state organized hereunder, from and after the filing in the office of the county clerk of a copy of the order by the board of county commissioners as hereinbefore provided for; and a certified copy of such order shall be prima facie evidence of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth; and any such drainage district the legality or regularity of the formation or organization whereof shall not be questioned by proceedings in quo warranto within one year from the date of the filing of such copy of such order, shall be conclusively deemed to be a legally and regularly organized and established and existing drainage district within the meaning of this act and its due and lawful formation and organization shall not thereafter be questioned in any action, suit or proceeding, whether brought under the provisions of this act or otherwise.
History:
Laws 1917, ch. 22, § 22; C.S. 1929, § 40-222; 1941 Comp., § 77-2022; 1953 Comp., § 75-21-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" refers to Laws 1917, ch. 22, now compiled as Article 8 of Chapter 73, NMSA 1978.
Cross references.
— For proceedings in quo warranto,
see
Chapter 44, Article 3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
28 C.J.S. Drains § 15 et seq.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-24 - [Assessments for bond interest and installments.]

Should such bonds be issued under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] for the purposes herein expressed, the same and the interest thereon, and all payments due or to become due the ensuing year to the United States under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States as aforesaid, shall be paid by revenue derived from an annual assessment upon the real property of the district, and such real property shall be and remain liable to be assessed for such payments as herein provided.
History:
Laws 1917, ch. 22, § 24; C.S. 1929, § 40-224; 1941 Comp., § 77-2024; 1953 Comp., § 75-21-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-25 - [Drainage works constructed by United States; determining benefits and damages; annual assessment.]

If any drainage district shall contract with the United States for the construction of drainage works, it shall be within the powers and the duties of the board of directors on or before September 1st next preceding the initial payment for such works under contract with the United States, to fix and determine the rate or percentage of the benefits from the proposed works for all real property within the district to be affected by said works, subject to judicial confirmation as by this act [73-8-1 to 73-8-60 NMSA 1978] hereinafter provided. The board shall also assess the damages inflicted upon any real property by any such works of the district, and such amount shall be deducted from the assessments payable by each owner of the lands damaged, until compensation for the damages shall have been fully made. If the damage shall be found to exceed the benefits as regards any parcel of real property or any easement, a cash award of the difference shall be made. In thus fixing and determining the rate or percentage of benefits and assessing damages as aforesaid, such board shall determine the amount of money required to meet all obligations and all maintenance, operating and current expenses of the district during the ensuing year for properly carrying out the purposes of this act, all of which shall be taken into consideration in determining the rate or percentage of benefits and assessing damages as aforesaid; and the amount necessary for all of the aforesaid purposes shall thereafter be ascertained and determined by such board in like manner on or before September 1st of each year. The said rate of benefits shall be subsequently used as the basis for annual assessment; but such rate may be changed from time to time by the board of directors as new or changing conditions may, in their judgment, require, subject to judicial confirmation as aforesaid. Drainage districts organized under this act may assess realty within the district boundaries owned by all classes of persons and corporations, to the same extent as now permitted by the laws of this state to drainage districts.
History:
Laws 1917, ch. 22, § 25; C.S. 1929, § 40-225; 1941 Comp., § 77-2025; 1953 Comp., § 75-21-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For special action to validate assessment and awards,
see
73-8-54 to 73-8-58 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-26 - [Certification of amounts to be assessed.]

On or before September 1st of each year the board of directors of any such district shall certify to the board of county commissioners of the county in which the office of such district is located, the aggregate amount of money required for the purposes aforesaid; the amount required for the payment of interest upon bonds which may be issued for deposit with the United States and to meet payments required to be made under any contract with the United States, and the amount required for all other purposes under this act [73-8-1 to 73-8-60 NMSA 1978], shall be separately set forth; and the aforesaid certificate shall specify the assessments which are to become due for such purposes upon each tract of land within the district subject thereto. Provided, such lands as during any given year, shall not be subject to charges under the contract with the United States, shall not be assessed during any such year for the purposes of repayment to the United States under any such contract. And provided further, district lands shall be exempted from taxation, for the purposes of repayment to the United States, in any year when, and to the extent that, on account of seepage or other conditions, the district shall be exempted from repayment to the United States for such lands under any such contract as aforesaid.
History:
Laws 1917, ch. 22, § 26; C.S. 1929, § 40-226; 1941 Comp., § 77-2026; 1953 Comp., § 75-21-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-27 - [Duties of county assessor relating to district.]

It shall be the duty of the county assessor of any county embracing the whole or a part of any drainage district, to assess and enter upon his tax roll each year, the names of the owners, together with a description showing the area of each tract of land in any such district of his county, subject to taxation under this act [73-8-1 to 73-8-60 NMSA 1978]. Each such assessor shall deliver to the board of county commissioners of his county a certified list of all such entries containing the information aforesaid, and the assessor of any county in which shall be situated lands within the district other than the county wherein is located the office of the district, shall transmit to the county commissioners of the county wherein the office of such district is located a duplicate certified list of the aforesaid lands within his county. Upon receipt by each such assessor of notice from the county commissioners of the levies required to be made by the provisions of this act, he shall extend such levies upon his tax roll, to be collected in the same manner as other taxes.
History:
Laws 1917, ch. 22, § 27; C.S. 1929, § 40-227; 1941 Comp., § 77-2027; 1953 Comp., § 75-21-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-28 - [Assessment rates to be fixed by commissioners of county where district office is located.]

Immediately upon receipt of the aforesaid certified list of lands in the district subject to taxation hereunder, and of the aforesaid certificate from the board of directors of the district showing the total amount of money necessary for the purposes aforesaid and the several assessments as aforesaid, the board of county commissioners of the county wherein is located the office of any such drainage district, shall separately determine and fix the rate per acre necessary to provide the funds requisite to meet interest upon bonds, if any, deposited under this act [73-8-1 to 73-8-60 NMSA 1978], and payments required to be made under contract with the United States, and also the rate per acre necessary to provide any and all other funds required for the purposes of this act, which rates may be increased fifteen percent to cover delinquencies; and the aggregate of the amounts required for the aforesaid purposes shall be raised by levy of taxes upon lands within the district upon the basis of the rate or percentage of benefits so as aforesaid ascertained, fixed and determined by the board of directors of the district as judicially confirmed and modified. Thereupon such board of county commissioners shall certify to the board of county commissioners of each county embracing any portion of the district, other than the county in which the office of the district is located, the rates per acre so as aforesaid determined and fixed. The board of county commissioners of each county within which shall be located any part of any drainage district shall, at the time of making levies for county purposes, make a levy as, and upon the basis, hereinbefore provided, upon all lands of the drainage district within their respective counties subject to taxation under this act, and shall deliver a notice thereof to the county assessor. All taxes thus levied shall be considered special taxes.
History:
Laws 1917, ch. 22, § 28; C.S. 1929, § 40-228; 1941 Comp., § 77-2028; 1953 Comp., § 75-21-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-30 - [Application of general revenue laws.]

The revenue laws of this state for the assessment, levy and collection of taxes on real estate for county purposes, except as herein modified, shall be applicable for the purposes of this act [73-8-1 to 73-8-60 NMSA 1978] including the enforcement of penalties and forfeitures for delinquent taxes.
History:
Laws 1917, ch. 22, § 30; C.S. 1929, § 40-230; 1941 Comp., § 77-2030; 1953 Comp., § 75-21-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For valuation of property and imposition of tax,
see
Chapter 7, Article 36 and 7-37-1 to 7-37-8 NMSA 1978.
For administration and enforcement of property taxes,
see
Chapter 7 Article 38 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-31 - [Warrants; restrictions on issuance and payment; register.]

With the exceptions hereinbefore specified no claims or accounts shall be paid by the district treasurer until the same shall have been approved and allowed by the board of directors of the district, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall show the date when authorized by said board and the purpose for which drawn. No warrant shall be issued or obligation incurred unless the district treasurer has in his hands sufficient funds to pay any such warrant when presented for payment, or unless provision has been made so that such district treasurer will have in his hands funds with which to meet the payment of any such warrant when presented. All claims and accounts against the district shall be verified, and the secretary of the district is hereby authorized and empowered to administer oaths to parties desiring to verify claims or accounts against the district.
The district treasurer shall keep a register in which he shall enter each warrant presented for payment, showing the date and amount of such warrant, to whom payable, the date of presentation for payment and the date of payment; and all warrants shall be paid in the order of their presentation for payment to the district treasurer.
History:
Laws 1917, ch. 22, § 31; C.S. 1929, § 40-231; 1941 Comp., § 77-2031; 1953 Comp., § 75-21-31.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-32 - [Expense levy; power of constructing system; rights-of-way; state land.]

For the purpose of defraying the expenses incident to the organization of the district and the care, operation, management, repair and improvement of all drainage works and property of the district, including salaries of officers and employes, and all expenses necessarily incident to the conduct of the business of said district, the board of directors may provide for the payment of all such expenses by levy of assessment therefor in the manner hereinbefore specified. The board of directors shall have the power to construct its drainage canals, ditches or other conduits or drainage works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of any such drainage works may intersect or cross; and if the owners of any such property so intersected or crossed, or those in control thereof, shall fail to agree with such board of directors upon the amount to be paid for such intersection or crossing, or as to the points or manner of such crossings, the controversy shall be determined in all respects in accordance with the provisions of law relative to the taking of lands for public uses.
Right-of-way is hereby given, dedicated and set apart to locate, construct and maintain any such drainage works over, through or upon any of the lands which are now or hereafter may be the property of the state.
Lands belonging to the state embraced within the limits of any such drainage district shall in all other respects be subject to the provisions of this act [73-8-1 to 73-8-60 NMSA 1978]; and the officers of the state who are authorized to administer the laws of the state with reference to state lands, and to disburse funds derived therefrom, are hereby authorized and empowered to take such action and make such disbursements from such funds as shall from time to time be required in order to comply with the provisions of this act applicable to any such lands embraced within any such drainage district.
History:
Laws 1917, ch. 22, § 32; C.S. 1929, § 40-232; 1941 Comp., § 77-2032; 1953 Comp., § 75-21-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For general condemnation statutes,
see
Chapter 42A NMSA 1978.
For duty to build bridge where ditch crosses highway,
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 § 88.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-33 - [Compensation and expenses of directors and president; offenses; penalty.]

Members of the board of directors of any such drainage district, other than the president, shall each receive compensation at the rate of two and 50-100 dollars [($2.50)] per day while attending meetings of the board, or otherwise necessarily employed in the discharge of their duties, and their actual and necessary traveling expenses incurred while engaged upon official business. The president shall receive as compensation one hundred dollars [($100)] per annum for each ten thousand acres of land, or major fraction thereof, included within the drainage district, and his actual and necessary traveling expenses incurred while engaged upon official business.
No director or officer named in this act [73-8-1 to 73-8-60 NMSA 1978] shall in any manner be interested directly or indirectly in any contract awarded or to be awarded by the board of directors, or in the profits to be derived therefrom; nor shall he receive any bonus, gratuity or bribe; and for any violation of this provision any such officer upon conviction thereof shall be punished by a fine of not exceeding five hundred dollars [($500)], or by imprisonment for not less than thirty days nor more than one year or by both such fine and imprisonment; and such conviction shall work a forfeiture of his office.
History:
Laws 1917, ch. 22, § 33; C.S. 1929, § 40-233; 1941 Comp., § 77-2033; 1953 Comp., § 75-21-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-34 - [Incurrence of unauthorized debt prohibited.]

The board of directors or other officers of the district shall have no power to incur any debt or liability whatever in excess of the express provisions of this act [73-8-1 to 73-8-60 NMSA 1978], and any debt or liability so incurred shall be void.
History:
Laws 1917, ch. 22, § 34; C.S. 1929, § 40-234; 1941 Comp., § 77-2034; 1953 Comp., § 75-21-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-35 - [Changing boundaries; effect.]

The boundaries of any drainage district organized under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] may be changed in the manner herein prescribed; but such change of boundaries shall not impair or affect the organization of the district, or its right 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 was or might become liable or chargeable had such change of boundaries not been made; provided, if the secretary of the interior shall give his assent to a change in boundaries in writing filed with the board of directors, any lands to the exclusion of which from the district assent shall thus be given shall be discharged from any and all liens in favor of the United States, under any contract which shall have been made with the United States, and any bonds deposited with its agents.
History:
Laws 1917, ch. 22, § 35; C.S. 1929, § 40-235; 1941 Comp., § 77-2035; 1953 Comp., § 75-21-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For special action to validate inclusion and exclusion of lands,
see
73-8-54 to 73-8-58 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains § 9.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-36 - [Petition for inclusion of adjacent land; acknowledgment.]

The holder or holders of title, or evidence of title, to any body of land adjacent to or situate without the boundaries of any drainage district organized under this act [73-8-1 to 73-8-60 NMSA 1978], may file with the board of directors of the 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 in such manner as to identify same, and such petition shall be deemed to give the assent of the petitioners to the inclusion in such district of the lands described in the petition. Such petition shall be acknowledged in the same manner as provided by law for conveyances of land.
History:
Laws 1917, ch. 22, § 36; C.S. 1929, § 40-236; 1941 Comp., § 77-2036; 1953 Comp., § 75-21-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For manner of acknowledgments,
see
Chapter 14, Article 14 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28 C.J.S. Drains §§ 10, 11.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-37 - [Notice of hearing on petition to include lands; contents; expenses.]

Upon the filing of such petition the secretary of the district shall cause notice of such filing to be given in the manner provided by this act [73-8-1 to 73-8-60 NMSA 1978] with reference to other notices required to be published. Such notice shall recite the filing of the petition, the names of the petitioners, a description of the lands involved and the prayer of the petitioners, and shall notify all interested persons to appear at the office of the board of directors at a time to be fixed in the notice, and show cause in writing, if any they have, why the petition should not be granted. The time specified in the notice shall be the regular meeting of the board held next after the expiration of the time fixed for the publication of notices under this act.
The petitioner or petitioners shall advance to the secretary sufficient money to cover the estimated costs of all proceedings under such petition, and until such estimated amount has been advanced no publication shall be made.
History:
Laws 1917, ch. 22, § 37; C.S. 1929, § 40-237; 1941 Comp., § 77-2037; 1953 Comp., § 75-21-37.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For manner of giving notice under this act,
see
73-8-2 and 73-8-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
45 Am. Jur. 2d Irrigation § 94.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-38 - [Hearing; procedure; effect.]

At the time and place fixed in the notice, or at such time or times to which the hearing upon such petition may be adjourned, the board of directors shall proceed to hear the petition and all objections thereto, presented in writing by any person, showing cause as aforesaid, why the petition should not be granted. Failure by any interested person to make such showing of cause in writing shall be deemed and taken as an assent upon his part to the inclusion of such lands in said district.
History:
Laws 1917, ch. 22, § 38; C.S. 1929, § 40-238; 1941 Comp., § 77-2038; 1953 Comp., § 75-21-38.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-39 - [Requiring payment of pro rata share of prior costs.]

The board of directors may require as a condition precedent to the granting of the petition that the petitioners shall severally pay to the district such respective sums, as nearly as the same can be estimated by the board, as the petitioner or petitioners, or his or their grantor or grantors, would have been required to pay to such district as assessment for the payment of his or their pro rata of all bonds and the interest thereon which prior thereto may have been issued by said district, or his or their pro rata share of the cost of construction under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States, as in this act [73-8-1 to 73-8-60 NMSA 1978] provided, had such lands been included in such district at the time the same was originally formed, or when such bonds were so issued or when such contract with the United States was made.
History:
Laws 1917, ch. 22, § 39; C.S. 1929, § 40-239; 1941 Comp., § 77-2039; 1953 Comp., § 75-21-39.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-40 - [Rejection or acceptance of petition to include lands; orders.]

If the board of directors shall deem it not to be for the best interests of the district to include thereunder the lands mentioned in the petition, such board shall by order in writing reject the petition; but if the board shall deem it for the best interests of the district to include such lands it may by order so change the boundaries of the district as to include therein the lands mentioned in the petition. If such lands are so included the order shall describe the entire boundaries of the district with such lands so included, and for that purpose the board may cause a survey to be made of such portion of such boundaries as may be deemed necessary.
History:
Laws 1917, ch. 22, § 40; C.S. 1929, § 40-240; 1941 Comp., § 77-2040; 1953 Comp., § 75-21-40.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-41 - [Filing certified copy of order including land, with map; effect.]

Upon the entry of an order granting any such petition as aforesaid, a certified copy thereof and a plat of the 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 shall be situated any of the lands of the district; and the district shall be and remain a drainage district as fully and to every intent and purpose as if the lands so included within the district as aforesaid, had been included therein at the time of the original organization of the district; and the district as so changed and all the lands embraced therein shall be liable for all existing obligations and indebtedness of such organized district.
History:
Laws 1917, ch. 22, § 41; C.S. 1929, § 40-241; 1941 Comp., § 77-2041; 1953 Comp., § 75-21-41.
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 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-42 - [Recording petition in minutes of board; evidential value.]

Upon the filing of certified copy of the order, together with plat as aforesaid, the secretary of the district shall record in the minutes of the board the aforesaid petition; and the minutes of the board of directors or a certified copy thereof shall be admissible in evidence with the same force and effect as the original petition.
History:
Laws 1917, ch. 22, § 42; C.S. 1929, § 40-242; 1941 Comp., § 77-2042; 1953 Comp., § 75-21-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-43 - Powers of fiduciaries.

A guardian, conservator or personal representative of an estate, under the laws of this state, and who as such guardian, conservator or personal representative is entitled to the possession of lands belonging to the estate which he represents on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court may sign and acknowledge the petition in this act [73-8-1 to 73-8-60 NMSA 1978] mentioned, and may show cause, as in this act provided, why the boundaries of the district should not be changed.
History:
Laws 1917, ch. 22, § 43; C.S. 1929, § 40-243; 1941 Comp., § 77-2043; 1953 Comp., § 75-21-43; Laws 1975, ch. 257, § 8-128.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-44 - [Revising election divisions and precincts after including more land.]

In case of the inclusion of the land within any district by proceedings under this act [73-8-1 to 73-8-60 NMSA 1978], the board of directors shall, at least thirty days prior to the next succeeding general election, make an order redividing such district into divisions as nearly equal in size as may be practicable, being in number as in this act hereinbefore provided, and which shall be numbered consecutively, and one director shall thereafter be elected from each such division, in the manner by this act hereinbefore specified.
For the purposes of election the board of directors shall establish a convenient number of election precincts in said district, and define the boundaries thereof, which precincts may change from time to time as the board may deem necessary.
History:
Laws 1917, ch. 22, § 44; C.S. 1929, § 40-244; 1941 Comp., § 77-2044; 1953 Comp., § 75-21-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For number of divisions in district,
see
73-8-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-45 - [Excluding land.]

Any tract of land included within the boundary of such district at or after its organization under this act [73-8-1 to 73-8-60 NMSA 1978], may be excluded therefrom, in the manner herein prescribed; but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatever kind or nature, nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which it would or might become liable or chargeable, had such land not been excluded from the district.
History:
Laws 1917, ch. 22, § 45; C.S. 1929, § 40-245; 1941 Comp., § 77-2045; 1953 Comp., § 75-21-45.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-46 - [Petition for exclusion of land after organization.]

The owner or owners of title, or evidence of title, to any lands embraced within any drainage district, may file with the board of directors of the district a petition praying that such lands may be excluded from the district. Such petition shall describe the lands desired to be excluded in such manner as to identify the same; and the petition shall be acknowledged in the manner and form as required for conveyances of real estate.
History:
Laws 1917, ch. 22, § 46; C.S. 1929, § 40-246; 1941 Comp., § 77-2046; 1953 Comp., § 75-21-46.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For manner of acknowledgments,
see
Chapter 14, Article 14 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-47 - [Publication of notice of hearing on exclusion of land; contents; expenses.]

Upon the filing of such petition the secretary of the district shall cause notice of such filing to be published in the manner by this act [73-8-1 to 73-8-60 NMSA 1978] prescribed for the publication of notices. The notices shall set forth the filing of the petition, the names of the petitioner, or petitioners, a description of the lands covered thereby sufficient for the identification thereof and the prayer of the petitioner, and shall notify all interested persons to appear at the office of the district at a time to be named in the notice, and show cause in writing, if any exist, why the petition shall not be granted. The time specified in the notice shall be the regular meeting of the board to be held next after the expiration of the time fixed by this act for the publication of notices. The estimated cost of all proceedings under any such petition shall be advanced by the petitioner or petitioners before the secretary shall publish such notice.
History:
Laws 1917, ch. 22, § 47; C.S. 1929, § 40-247; 1941 Comp., § 77-2047; 1953 Comp., § 75-21-47.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For manner of giving notice under this act,
see
73-8-2 and 73-8-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-48 - [Hearing on petition for exclusion of land.]

At the time and place mentioned in the notice, or at the time or times to which hearing upon such petition may be adjourned, the board of directors shall proceed to hear the petition and all objections thereto which are presented in writing, showing cause as aforesaid why the prayer of the petition should not be granted. The filing of such petition as aforesaid shall be deemed and taken as an assent by each and all of the petitioners to the exclusion from the district of the lands mentioned in the petition, or any part thereof.
History:
Laws 1917, ch. 22, § 48; C.S. 1929, § 40-248; 1941 Comp., § 77-2048; 1953 Comp., § 75-21-48.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-49 - [Order for denial or approval of exclusion of land.]

If the board of directors shall deem it not to be for the best interests of the district that the lands mentioned in the petition, or some portion thereof, shall be excluded from the district, it shall order that the said petition be denied; but if such board shall deem it to be for the best interests of the district that such lands, or some portion thereof be excluded from the district, and if the secretary of the interior shall in writing give his assent as by this act [73-8-1 to 73-8-60 NMSA 1978] hereinbefore provided, then the board may order the lands mentioned in the petition or some portion thereof to be excluded from the district.
History:
Laws 1917, ch. 22, § 49; C.S. 1929, § 40-249; 1941 Comp., § 77-2049; 1953 Comp., § 75-21-49.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For requirement that secretary of interior assent to change in boundaries of district,
see
73-8-35 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-50 - [Filing order of exclusion and new plat; effect.]

Upon the allowance of such petition a certified copy of the order of the board of directors authorizing such change, and a plat of such district showing such change, certified by the president and the secretary of the district, shall be filed for record in the office of the county clerk of each county in which shall be situated any of the lands of the district; and the district shall remain a drainage district as fully to every intent and purpose as if the lands excluded by change of the boundaries as aforesaid had not been excluded therefrom. Provided, in case contract has been made between the district and the United States as in this act [73-8-1 to 73-8-60 NMSA 1978] provided, no change shall be made in the boundaries of the district, and the board of directors shall make no order for any such change until the written assent of the secretary of the interior shall have been filed with the board of directors as aforesaid. Upon the filing of such written assent, however, the lands excluded from any such district shall be discharged of and free of liens in favor of the United States under any contract with the United States, or under bonds deposited with its agents.
History:
Laws 1917, ch. 22, § 50; C.S. 1929, § 40-250; 1941 Comp., § 77-2050; 1953 Comp., § 75-21-50.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-51 - [Revising election divisions and precincts after exclusion of land.]

At least thirty days before the next general election of any such district the board of directors thereof may make an order dividing said district into divisions as nearly equal in size as practicable, in number as in this act [73-8-1 to 73-8-60 NMSA 1978] hereinbefore specified, and numbered consecutively; one director shall be elected from each such division by the qualified electors of the whole district. For the purpose of election in such district the said board shall establish a convenient number of election precincts and define the boundaries thereof, which precincts may be changed from time to time as the board of directors may deem necessary.
History:
Laws 1917, ch. 22, § 51; C.S. 1929, § 40-251; 1941 Comp., § 77-2051; 1953 Comp., § 75-21-51.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For number of divisions in district,
see
73-8-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 8 - Drainage Districts Within Federal Reclamation Projects › Section 73-8-52 - [Dissolution of district; petition; election; restrictions.]

When a majority of the resident freeholders owning one-third in area of the lands, or evidence of title to lands so owned within the limits of any such drainage district, shall petition the board of directors to call a special election for the purpose of submitting to the qualified electors of said district a proposition to vote on the dissolution of such drainage district, setting forth in the petition that all bills, claims and obligations of every nature whatsoever have been fully satisfied and paid, and that the necessity for a continuance of such organization no longer exists, it shall be the duty of the board, if satisfied as to the correctness of the showing made by the petition to call an election setting forth its object, and to cause notice thereof to be published in the manner and for the time prescribed by this act [73-8-1 to 73-8-60 NMSA 1978], designating the time and places for the holding of the election, as by this act required. At such election the ballots used shall bear the words "For dissolution . . . . Yes" and "For dissolution . . . . No," or words equivalent thereto.
Provided, the board of directors shall be without jurisdiction to entertain the petition or to call the election hereinbefore mentioned so long as contract with the United States, by this act authorized, remains in force, without the written consent of the secretary of the interior filed with the county clerk of the county wherein the office of the district is located.
History:
Laws 1917, ch. 22, § 52; C.S. 1929, § 40-252; 1941 Comp., § 77-2052; 1953 Comp., § 75-21-52.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references.
— For manner of giving notice under this act,
see
73-8-2, 73-8-3 and 73-8-15 NMSA 1978.