Chapter 73 — Chapter 73

The purpose of this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978] is to provide for the organization of artesian conservancy districts to conserve, where necessary, the waters in any artesian basin or basins within the state, the boundaries of which have been scientifi…

Any owner of real property, or any public corporation in said proposed district, not having individually signed a petition for the organization and incorporation of said district may, on or before the date set for the cause to be heard, file objections to the organization and inc…

place of business; jurisdiction of court; costs where petition denied.] Upon the hearing of the petition, as provided for herein, if it shall appear that a petition, or petitions, for the organization of such district has been signed and presented as hereinbefore provided, and th…

As soon as practical and within thirty days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the secretary of state and to the county clerk of each of the counties having lands in the district certified copies of the findin…

districts; election code; compensation of commissioners; employees; expenses.] Within ten (10) days after entering the decree declaring the district organized, the court shall appoint three (3) owners of lands within the district, representative of all parts of the district, to d…

boundaries.] Where any artesian conservancy district has heretofore been formed, and due to the extension of the original boundaries of the artesian basin by order of the state engineer, the boundaries of the artesian conservancy district no longer include all lands overlying suc…

Upon the filing of a petition as provided for in Section 1 [73-1-14 NMSA 1978] hereof, the district court having jurisdiction shall, by order, require notice to be published by the clerk of the court, at such time and places as the court may designate, giving notice to all landow…

The directors elected pursuant to such election code shall be elected for a term of six years each. Each director shall hold office for the term for which he was elected, and until his successor is duly appointed, or elected, and has qualified, except as hereinafter provided, bei…

bylaws.] As soon as practical after the election, the directors shall meet for the purpose of organizing the board of directors. Each director, before entering upon his official duties, shall take and subscribe to an oath before an officer authorized to administer oaths, that he …

A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties shall be sufficient for its determination. History: Laws 1931, ch. 97, § 16; 1941 Comp., § 77-1316; 1953 Comp., § 75-13-16.

The secretary shall be the custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal, all certified copies of the offic…

one district.] Any artesian conservancy district organized pursuant to the provisions of this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978] shall include all lands overlying any such artesian basin and any land outside of the boundaries thereof upon which waters from s…

wells.] After the formation of any artesian conservancy district, it shall be the duty of the board of directors from year to year to outline a plan or program of water conservation and administration, and they shall make an estimate of the cost of administration, equipment and i…

After an estimate of the cost of the improvements needed in the district is made, as provided in Section 73-1-20 NMSA 1978, the directors shall make up a tax roll, which shall include all property as shown by the decree of the court, as herein provided, and shall thereupon determ…

of payment. The levies herein provided for shall be made by resolution of the board of directors, and the amount thereof, together with the tax roll showing the property which the assessment and levy is to be made against, shall be certified by July 15 of each year to the board o…

The directors are hereby authorized to borrow money in anticipation of the proceeds from the collection of taxes to be derived from any uniform annual levy, and in such case the proceeds of all such taxes collected shall be applied to the repayment of such loan and to no other pu…

Wherever any artesian conservancy district has heretofore been organized or may hereafter be organized, under and pursuant to Chapter 97 of the New Mexico Session Laws of 1931 [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978], or amendments thereto, such conservancy district m…

hearing; amended decree.] Where underground waters, other than artesian waters, as provided for in Section 1 [73-1-24 NMSA 1978] hereof, are to be included in any artesian conservancy district which may hereafter be formed, the petition required to be filed and all notices requir…

appeal to district court.] That any artesian conservancy district which has heretofore been organized, or may be hereafter organized, as provided by law, shall in addition to the powers granted to such districts have the right, power and authority to protest or object to any appl…

In addition to the duty of water for irrigation within any artesian conservancy district established under the provisions of Sections 73-1-1 through 73-1-26 NMSA 1978, there shall be, as a matter of right, an additional two acre-inches of water per year per acre- foot of an estab…

In order to establish an artesian conservancy district under this act [73-1-1 to 73-1- 13 and 73-1-16 to 73-1-23 NMSA 1978], a petition shall be filed in the district court of the county wherein the greater portion of the lands to be embraced in the district are situated, the sam…

No petition with the requisite signatures shall be declared null and void on account of alleged defects, but the court may, at any time, permit the petition to be amended to conform to the facts, by correcting any errors in description or in any other particular. History: Laws 19…

Several similar petitions, or duplicate copies of the same petition, for the organization of the same district may be filed, and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the court …

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, o…

value.] In determining whether a requisite number of landowners have signed the petition, the court shall be governed by the names and the value of the property as they appear upon the tax or assessment rolls which shall be prima facie evidence of such ownership and value. Histor…

required.] At the time of filing the petition, or at any time subsequent thereto and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court sufficient to pay all the expenses connected with the proceedings in case the organizatio…

Immediately after the filing of such petition, the court shall, by order, fix a time and place, not less than sixty (60) days after the petition is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication to be made of the pendency of the petition, an…

All the inhabitants of the state of New Mexico shall have the right to construct, either private or common acequias, and to take water for said acequias from wherever they can; with the distinct understanding, to pay the owner through whose land said acequias have to pass a just …

All plants of any description growing on the banks of said ditches, or acequias, shall belong to the owners of the land through which said ditches or acequias run. History: Laws 1851-1852, p. 277, § 16; C.L. 1865, ch. 1, § 24; C.L. 1884, § 11; C.L. 1897, § 17; Code 1915, § 5745; …

water from common source.] All community ditches or acequias shall for the purposes of this article be considered as corporations or bodies corporate, with power to sue or to be sued as such. And every one of said community ditches beginning at the dam or entrance of the water, i…

The officers of such community ditches or acequias shall consist of three commissioners and one mayordomo or superintendent, each of whom shall be the owner of an interest in the ditch or the water therein. The officers shall be elected biennially on the first Monday of December …

In case a vacancy shall occur among the commissioners of any community ditch or acequia, by death, resignation or otherwise, the remaining commissioners or commissioner shall fill such vacancy by appointment, and those appointed shall hold their offices until their successors are…

The election for acequia or community ditch officers under this article shall be held by the outgoing commissioners under rules and regulations to be prescribed by them. Only those having water rights in the acequia or ditch and who are not delinquent in the payment of their asse…

In case no election shall be held of commissioners of any community ditch or acequia on the first Monday of December as provided by law, the commissioners holding office during the preceding year shall call and hold an election as soon as practicable thereafter, and give at least…

It shall be prohibited to elect or appoint as mayordomo of acequias or public road supervisor all persons of ill-health, of a notable malady, or who are demented or of unsound mind or who are lame either in one leg or both or one arm or both, and furthermore all persons who are e…

All appointments made in conflict with the preceding section [73-2-16 NMSA 1978] are hereby declared void and of no effect. History: Laws 1891, ch. 90, § 2; C.L. 1897, § 51; Code 1915, § 5748; C.S. 1929, § 151- 418; 1941 Comp., § 77-1417; 1953 Comp., § 75-14-17.

The pay and other perquisites of the mayordomos shall be determined by a majority of the owners of the land irrigated by said ditch or acequia. History: Laws 1851-1852, p. 277, § 4; C.L. 1865, ch. 1, § 12; C.L. 1884, § 29; C.L. 1897, § 31; Code 1915, § 5749; C.S. 1929, § 151-419;…

It shall be unlawful for any mayordomo or mayordomos of acequias, to take on shares, care for, or rent or lease any lands, lots or alfalfa fields under irrigation within the ditches for which they are mayordomos, during the time that they are said mayordomos, besides those lands …

If the owner or owners of lands, where a new ditch for an acequia is to be made, should ask an exorbitant price as a compensation therefor, which shall not be satisfactory to the owner or owners of such acequia, it shall be the duty of the probate judge of the county in which it …

Any violation of the preceding section [73-2-19 NMSA 1978] shall be considered a misdemeanor, and be punishable upon conviction by imprisonment in the county jail for not less than thirty days nor more than six months, or by a fine of not less than $25.00 nor more than $100 or bo…

A. The commissioners shall: (1) assess fatigue work or tasks of all parties owning water rights in such community ditches or acequias; (2) have power to contract and be contracted with; (3) make all necessary assessments to provide funds for the payment of the salary of the mayor…

money; contracting indebtedness; security for payment.] All acequia and community ditch associations are authorized to borrow money and otherwise contract indebtedness for the purposes of the district and, without limitation of the generality of the foregoing, to borrow money and…

powers; water rights acquisition; nonforfeiture. A. Any acequia or community ditch association has the power to acquire and hold property and water rights and transfer and use the property and water rights so acquired pursuant to law. B. The rights of an acequia or community ditc…

The commissioner of each acequia shall be entitled to actual expenses incurred while in the performance of their [his] duties. Provided that the maximum rates which may be allowed for travel by privately owned conveyances shall be eight (8) cents per mile and provided further tha…

counties.] That hereafter in this state the commissioners of community ditches when receiving money in lieu of fatigue work or tasks, shall not fix the price of such work or task at a greater rate than one dollar and fifty cents ($1.50) per day, for one person's labor, nor at a g…

No person who has, after due notice, failed or refused to do his work, or pay the amount assessed against him in lieu of the work upon the acequia or ditch, shall be allowed to take or use any water from the same or any contra acequia or lateral thereof, while default on the paym…

A. Whenever any person, after due notice, has failed to do work or has failed to pay any amount assessed against the person on any acequia or ditch, the mayordomo or superintendent of the acequia or ditch may bring a civil action for collection of the amount assessed. The magistr…

The provisions of these sections shall apply only to such ditches as have been heretofore and are now known and regarded as community ditches, under the laws of this state; and under the provisions of said sections, shall be construed to mean such ditches as are not private, and …

Acequia and community ditch associations are political subdivisions of this state. As political subdivisions of the state, acequia and community ditch associations are authorized to receive loans from the interstate stream commission from the New Mexico irrigation works construct…

coverage. Officers, volunteers and employees of acequias and community ditch associations are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and upon request by the acequia or community ditch association shall be provided all insurance and …