Chapter 72 — Chapter 72

That the state of New Mexico does hereby ratify, approve and adopt the compact aforesaid, which is as follows: PECOS RIVER COMPACT The state of New Mexico and the state of Texas, acting through their commissioners, John H. Bliss for the state of New Mexico and Charles H. Miller f…

The state of New Mexico does hereby ratify, approve and adopt the compact aforesaid, which is as follows: CANADIAN RIVER COMPACT The state of New Mexico, the state of Texas, and the state of Oklahoma, acting through their commissioners, John H. Bliss, for the state of New Mexico,…

Notice of approval of said compact shall be given by the governor of New Mexico to the governor of Texas and to the president of the United States as provided in Article XV of said compact. History: 1978 Comp., § 72-15-20, enacted by Laws 1949, ch. 6, § 2.

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Texas and consented to by the congress of the United States of America. History: 1978 Comp., § 72-15-21, en…

The governor shall, within thirty days after this act [this section] becomes effective, appoint a commissioner who shall represent the state of New Mexico on the commission provided for by Article 5 of the Pecos River Compact [72-15-19 NMSA 1978] between the states of New Mexico …

The state of New Mexico does hereby ratify, approve and adopt the compact aforesaid, which is as follows: RIO GRANDE COMPACT Signed at Santa Fe, New Mexico, March 18, 1938. The state of Colorado, the state of New Mexico and the state of Texas, desiring to remove all causes of pre…

Notice of the approval of said compact shall be given by the governor of New Mexico to the governors of Colorado and Texas, as provided in Article XVIII [XVII] of said compact. History: 1978 Comp., § 72-15-24, enacted by Laws 1939, ch. 33, § 2.

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Colorado and by the legislature of the state of Texas and by the congress of the United States. History: 19…

That the state of New Mexico does hereby ratify, approve and adopt the compact aforesaid, which is as follows: UPPER COLORADO RIVER BASIN COMPACT The state of Arizona, the state of Colorado, the state of New Mexico, the state of Utah and the state of Wyoming, acting through their…

Notice of approval of said compact shall be given by the governor of New Mexico to the governors of Arizona, Colorado, Utah and Wyoming, and to the president of the United States of America, as provided in Article XXI of said compact. History: 1978 Comp., § 72-15-27, enacted by L…

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislatures of the states of Arizona, Colorado, Utah and Wyoming, and approved by the congress of the United States of America. Histor…

Notice of approval of said compact shall be given by the governor of New Mexico to the governor of Texas and to the governor of Oklahoma and to the president of the United States, as provided in Article XI of said compact. History: 1978 Comp., § 72-15-3, enacted by Laws 1951, ch.…

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Texas and the legislature of the state of Oklahoma and consented to by the congress of the United States of…

The state of New Mexico does hereby ratify, approve and adopt the compact aforesaid, which is as follows: COLORADO RIVER COMPACT Signed at Santa Fe, New Mexico, November 24, 1922. ________ COLORADO RIVER COMMISSION, Herbert Hoover, chairman. W.S. Norveil, commissioner for the sta…

Notice of the approval of said compact shall be given by the governor of New Mexico to the governors of each of the other signatory states and to the president of the United States, as provided in Article II (11) [Article XI] of said compact. History: 1978 Comp., § 72-15-6, enact…

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislatures of the other signatory states and by the congress of the United States. History: 1978 Comp., § 72-15-7, enacted by Laws 19…

That the provisions of the first paragraph of Article XI of the Colorado River Compact [72-15-5 NMSA 1978], making said compact effective when it shall have been approved by the legislature of each of the signatory states, are hereby waived and said compact shall become binding a…

That certified copies of this act [72-15-8, 72-15-9 NMSA 1978] be forwarded by the governor of the state of New Mexico to the president of the United States, the secretary of state of the United States, and the governors of the states of Arizona, California, Nevada, Colorado, Uta…

Chapter 72, Article 16 NMSA 1978 may be cited as the "Arroyo Flood Control Act". History: 1953 Comp., § 75-36-1, enacted by Laws 1963, ch. 311, § 1; 2018, ch. 79, § 101.

A. Elections shall be held pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Directors shall be elected from single-member districts in which they reside. The board shall ensure that the districts remain contiguous, compact and as equal in po…

Section 99 [72-16-99 NMSA 1978] hereof does not apply to or limit the right of the holder of any security, his trustee, or any assignee of all or part of his interest, the federal government when it is a party to any contract with the authority, and any other obligee hereunder to…

It shall be legal for the state and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and …

The authority damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to reasonable attorneys' fees and costs of court. History: 1953 Comp., § 75-36-102, enacted by Laws 1963, …

This act [Chapter 72, Article 16 NMSA 1978] being necessary to secure and preserve the public health, safety and general welfare, the rule of strict construction shall have no application hereto, but it shall be liberally construed to effect the purposes and objects for which thi…

Written nominations of any candidate as director may be filed in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Each nomination of any candidate shall be signed by not less than fifty qualified electors who reside within the district f…

Upon a vacancy occurring in the board by reason of death, change of residence, resignation or for any other reason, the governor shall appoint a qualified elector of the authority who resides within the district where the vacancy exists as successor to serve the unexpired term. H…

Except for the first board, each board shall meet on the first business day following the first day of the month that the term of office begins for members elected in the immediately preceding election at the office of the board within the authority. Each member of the board, bef…

The board may exercise the following powers: A. fix the time and place, at which its regular meetings will be held within the authority and provide for the calling and holding of special meetings; B. adopt and amend or otherwise modify bylaws and rules for procedure; C. select on…

On all resolutions and orders, the roll shall be called, and the ayes and noes shall be recorded. All resolutions and orders, as soon as may be after their passage, shall be recorded in a book kept for that purpose and be authenticated by the signature of the presiding officer of…

All meetings of the board shall be held within the authority and shall be open to the public. No business of the board shall be transacted except at a regular or special meeting at which a quorum consisting of at least three-fifths of the total membership of the board is present.…

A. The boundary of the authority shall be amended upon the signing of a binding joint powers agreement among the authority, the Sandia pueblo, the bureau of Indian affairs of the United States department of the interior, the United States department of the interior, if applicable…

Directors shall receive no compensation for their services as a director, officer, engineer, attorney, employee or other agent of the authority. Directors may be reimbursed for expenses incurred by them on authority business with approval of the board. History: 1953 Comp., § 75-3…

No director nor officer, employee or agent of the authority may be interested in any contract or transaction with the authority except in his official representative capacity or as provided, except for any contract of employment with the authority. Neither the holding of any offi…

The authority is hereby authorized, empowered and directed, subject to the provisions of Section 7 [72-16-7 NMSA 1978] hereof, to acquire, equip, maintain and operate a flood control system for the benefit of the authority and the inhabitants thereof, after the board has made suc…

It is hereby declared as a matter of legislative determination: A. that the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in this act [72-16-1 to 72-16-103 NMSA 1978] will se…

The board may: A. acquire, improve, equip, maintain and operate any project or facility for the control of flood and storm waters of the authority and the flood and storm waters of streams which have their sources outside of the authority but which streams and the flood waters th…

It is hereby declared that the use of the property, lands, rights-of-way, easements or materials which may be condemned, taken or appropriated under the provisions of this act [72-16-1 to 72-16-103 NMSA 1978] is a public use subject to the regulation and control of the state in t…

The authority may exercise the following duties, privileges, immunities, rights, liabilities and disabilities appertaining to a public body politic and corporate and constituting a quasi-municipal corporation and political subdivision of the state established as an instrumentalit…

To levy and collect taxes, the board shall determine in each year the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the authority, and shall fix a rate of levy, without limitation as to rate or amount, except for the lim…

The board, in certifying annual levies, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing securities and interest on securities, and deficiencies and defaults of prior years and shall make ample provision for the payment…

Whenever any indebtedness has been incurred by the authority, it shall be lawful for the board to levy taxes and to collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the authority, fo…

It is the duty of the body having authority to levy taxes within each county to levy the taxes provided in Subsection I of Section 72-16-22 NMSA 1978, and elsewhere in the Arroyo Flood Control Act. It is the duty of all officials charged with collecting taxes to collect such taxe…

If the general (ad valorem) taxes levied are not paid, then delinquent real property shall be sold at the regular tax sale for the payment of said taxes, interest and penalties, in the manner provided by the statutes of the state for selling real property for the nonpayment of ge…

Each biennial election of directors, each election proposition to issue bonds and all other elections shall be conducted in accordance with the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 75-36-28, enacted by Laws 1963, ch. 311, § 28; 1985, ch. 19…

History: 1953 Comp., § 75-36-29, enacted by Laws 1963, ch. 311, § 29; 1985, ch. 190, § 7; repealed by Laws 2018, ch. 79, § 175.

The action and decision of the board as to all matters passed upon by it in relation to any action, matter or thing provided herein shall be final and conclusive unless arbitrary, capricious or fraudulent. History: 1953 Comp., § 75-36-3, enacted by Laws 1963, ch. 311, § 3.

History: 1953 Comp., § 75-36-30, enacted by Laws 1963, ch. 311, § 30; 1985, ch. 190, § 8; repealed by Laws 2018, ch. 79, § 175.

History: 1953 Comp., § 75-36-31, enacted by Laws 1963, ch. 311, § 31; repealed by Laws 2018, ch. 79, § 175.

History: 1953 Comp., § 75-36-32, enacted by Laws 1963, ch. 311, § 32; 1985, ch. 190, § 9; repealed by Laws 2018, ch. 79, § 175.

History: 1953 Comp., § 75-36-33, enacted by Laws 1963, ch. 311, § 33; 1985, ch. 190, § 10; repealed by Laws 2018, ch. 79, § 175.