Chapter 73 — Chapter 73

A. An "acequia and community ditch fund" is created in the state treasury, to be expended upon order of the director of the New Mexico department of agriculture to carry out the purposes of contracting with acequia and ditch associations constituting a majority of acequias or dit…

The officers of 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 October of the…

In all cases of conviction under this article, when the fine assessed by the justice of the peace [magistrate court] is the sum of three dollars ($3.00) or less, an appeal shall be granted to the district court only when all the accrued costs shall have been paid; which appeal sh…

None of the parts or provisions of this article or any section thereof shall apply or be construed to be in force or effect in any of the following counties, viz.: Dona Ana, Grant, Otero, Luna, Lincoln, Chaves, Eddy, Santa Fe, Guadalupe, Colfax, Union, Rio Arriba, San Juan, Quay,…

The mayordomo shall receive such compensation for his services as may be mutually fixed between him and a majority of the owners of said ditch. The commissioners shall receive such compensation as may be mutually fixed between them and a majority of the owners of said ditch and u…

The election for acequia or community ditch officers, under this article, shall, be held by the outgoing commissioners, under written 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 …

water; accounts.] The commissioners shall assess fatigue work or tasks of all parties owning water rights in said community ditches or acequias and shall regulate the price to be paid in lieu of said fatigue work, all of which shall be uniform. They shall also be the representati…

place or purpose of use of water; appeals. Pursuant to rules or bylaws duly adopted by its members, an acequia or community ditch may require that a change in the point of diversion or place or purpose of use of a water right served by the acequia or community ditch, or a change …

The owners of said community ditches or their bosses or representatives shall labor therein in proportion to their lands under cultivation. It shall be their duty to furnish the number of laborers, proportionate to their lands, required by the mayordomo, at the time and place he …

water denied. No person, who has after written notice failed or refused to do his work or pay the amount assessed against him in lieu of such work upon the community ditch or acequia, shall be allowed to take or use any water from such community ditch or acequia or lateral thereo…

In cases of inevitable accidents, such as continual and prolonged droughts, tempests or floods, producing the total or very material failure of crops or expectant crops, the commissioners may, in their discretion, totally or partially exempt the person or persons thus situated fr…

If any mayordomo of any community ditch or acequia, after having undertaken to serve as such, shall wilfully neglect or refuse to perform any of the duties of his office, or conduct himself with impropriety or injustice in his office as mayordomo or take any bribe in money, prope…

Any wilful neglect of his duties or abuse of his powers by any ditch commissioner shall be deemed a misdemeanor and any such commissioner, upon conviction thereof before any justice of the peace [magistrate court] within the county where such offense is committed, shall be fined …

The course of any mill ditch, already constructed shall not be changed, unless it be through some irrigating ditch to the cultivated lands which shall have the preference. History: Laws 1899, ch. 61, § 1; Code 1915, § 5798; C.S. 1929, § 151-601; 1941 Comp., § 77-1701; 1953 Comp.,…

Whenever it may become necessary for the owner or owners of a mill to construct a mill ditch, when the same is to be constructed in whole or in part over the land of another owner, and the said owner does not permit the construction of said ditch, then and in that event, the owne…

The justice of the peace [magistrate court] shall make a record of the fact that the arbitrators or assessors were appointed and shall swear them to act faithfully and impartially, as such arbitrators and to report to the said justice of the peace [magistrate] the amount by them …

If the owner of the mill for which the ditch is desired pays the amount assessed against him, as above required, he may construct his ditch as the same may be designated by the arbitrators and according to the record of the justice of the peace [magistrate court] of the report of…

Whenever the owners of lands, reservoirs or irrigation ditches in any county or adjoining counties in this state may desire to enter into mutual undertaking to construct, maintain and operate storage reservoirs, diversion dams, irrigating ditches, canals or other irrigation works…

The incorporators of a water users' association shall execute a certificate setting forth: A. the name of the association. No name shall be assumed that is in use by another association or corporation in this state, or so nearly similar as to lead to uncertainty or confusion; B. …

The certificate shall be acknowledged as required for deeds of real estate and shall be filed in the office of the secretary of state. A copy thereof duly certified by the secretary of state shall be recorded in the office of the county clerk of the county or counties where the l…

Upon the filing of such certificate and copy thereof as provided in the preceding section [73-5-3 NMSA 1978] the persons so associating, their successors and those who may thereafter become members of said association, shall constitute a body corporate by the name set forth in su…

Every such association may change its name, increase or decrease its capital stock or membership, change the location of its principal office in this state, extend the period of its existence and make such other amendment, change or alteration as may be desired, not inconsistent …

The first meeting of every such association shall be called by a notice signed by a majority of the incorporators, or by the directors, trustees or governing board named in the certificate of incorporation, which notice shall be served personally or by mail at least ten days prio…

The power to make and alter bylaws or rules and regulations for the management and operation of the works of the association, the distribution of the waters thereof and the control and conduct of its business and affairs shall be in the shareholders or members, but the incorporat…

Such associations may have such officers or agents chosen or appointed in such manner and for such terms as may be provided by the bylaws. Vacancies occurring among such officers or among the directors, trustees or governing board shall be filled as provided by the bylaws, or in …

Such associations shall have the right of way over all property formerly belonging to the territory of New Mexico, for its canals, ditches or other works and shall have and exercise the same right to enter upon property to make surveys, and the same right to take and acquire prop…

Whenever twenty-five percent of the adult owners of lands owning one-fourth of the lands within any district of land to be reclaimed or benefited, desire to construct one or more drains or ditches, or to acquire by purchase or otherwise, drains theretofore constructed, or outlets…

Upon the adjourned day the same proceedings, adjournments, trial, findings and orders may be had as in case of complete service of notice in the first instance. In case of failure to mail said notice as herein required, the court or judge may order the same mailed at least fourte…

On the day fixed for hearing on such petition all parties owning lands, or any interests or easements in land, within said proposed district, or who would be affected thereby, may appear and contest: A. the sufficiency of the petition; B. the sufficiency of the signers of the pet…

The court shall hear and determine whether or not the petition contains the signatures of twenty-five percent of the adult owners of lands within the said proposed district and who represent one-fourth in area of the lands proposed to be affected by said work and shall determine …

The affidavit of any three or more of the signers of said petition stating that they have examined it, and are acquainted with the locality of said district and that the signers of said petition are adult owners or reputed owners of lands in said district, to satisfy Section 73-6…

Any deed made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration shall be taken and held to be a fraud, and the grantee therein shall not be considered as the owner of the land described therein. H…

All purchasers of land within any drainage district or proposed drainage district after notice of such petition or any other notice provided by this article, shall have been given, or after such petition as hereinbefore referred to has been filed, shall be deemed to have purchase…

If the court, or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that same has not been signed as herein required, the said petition shall be dismissed at the cost of the petitioners, and judg…

election for drainage commissioners.] But if it shall appear that the petition has been so signed, the court or judge shall so find, and shall certify such fact to the board of county commissioners of the county or counties in which such district is situated, and said commissione…

laws.] At such election and at all elections held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], all resident freeholders who are the owners of land within the proposed drainage district, or other evidences of title to such lands, who are qualified elec…

At all elections held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], the commissioners or persons receiving the highest number of votes cast by the qualified electors of the district shall be declared to be elected. History: Laws 1919, ch. 156, § 3; C.S…

The court may at any time permit the petition to be amended in form and substance to conform to the facts, if the facts justify the organization of a drainage district. Several similar petitions for the organization of the same district may be circulated, and when filed, shall to…

For the first election to be held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], requisite ballots shall be provided under the direction of the board of county commissioners; and at all elections subsequent to the said first election, all such ballots s…

Any person residing within any county in which any portion of a drainage or proposed drainage district shall lie, and who is the owner of agricultural land within the limits of the district, shall, for the purposes of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], be considere…

On the second Monday next succeeding the first election provided for by this act [73- 6-17 to 73-6-25, 73-6-33 NMSA 1978], the board of county commissioners shall meet and proceed to canvass the votes cast at such election and declare the result as by this act provided. History: …

clerks.] For the purposes of the first election hereinbefore provided for, if, in the judgment of the board of county commissioners, it is necessary so to do, said board may establish election precincts and polling places in addition to the number of voting precincts provided by …

commissioners holding over.] Regular elections of any such district shall be held on the first Tuesday after the first Monday of December of each second calendar year following the first election hereinbefore provided for, and the commissioners so elected at each of said election…

majority.] Before entering upon their duties, such commissioners shall take and subscribe an oath to support the constitution of the United States and the constitution of the state of New Mexico, to faithfully and impartially discharge their duties as such commissioners and to re…

Appointments to fill expired terms in the office of drainage commissioners shall be made by the presiding judge of the district court of the county having jurisdiction of the drainage district at the courthouse therein, during the first ten days of September, or as soon thereafte…

Vacancies in the board may be filled by such judge at any time, the commissioners appointed to hold [office] for the residue of the unexpired term. The removal of any commissioner from the county or counties in which lands of such district are situated shall render his office vac…

The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge, and of all payments made by them, and shall take vouchers for such payments and shall keep full, accurate and true minutes of all their proceedings. History: Laws 19…

On the first Tuesday of September of each year they shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all…

Said territory need not be contiguous, providing that agricultural interests will be promoted by such drainage of each part thereof, and the benefits of the proposed work in each part will exceed the damages from and cost of said proposed work in each part; and provided, further,…

They shall receive for their services such compensation as the court or presiding judge thereof may determine. They shall also receive their actual reasonable expenses. History: Laws 1912, ch. 84, § 24; Code 1915, § 1900; C.S. 1929, § 40-130; 1941 Comp., § 77-1830; 1953 Comp., § …