Chapter 73 — Chapter 73

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 secretar…

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 n…

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 d…

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, § 3…

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 proper…

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 pray…

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 o…

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 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 granto…

Upon the hearing had by the board of county commissioners upon such petition pursuant to the publication of notice thereof as aforesaid, if it shall appear to the board that notice of hearing upon such petition has been published as herein required, that the petition has been sig…

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 dist…

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 shal…

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 wi…

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 w…

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 division…

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 organ…

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 …

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 p…

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 pra…

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 …

The officers of any such district shall consist of the directors, a secretary and a treasurer. A member of the board of directors shall be elected by such board as president. History: Laws 1917, ch. 22, § 5; C.S. 1929, § 40-205; 1941 Comp., § 77-2005; 1953 Comp., § 75-21-5.

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 count…

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 …

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 qualifi…

The votes cast at such election shall be canvassed at the time and in the manner prescribed by this act [73-8-1 to 73-8-60 NMSA 1978] as applied to other elections herein mentioned; and if by such canvass it shall appear that a majority of the ballots cast at such election was in…

The board of directors of any drainage district organized under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] shall commence special proceedings in and by which the proceedings of such board, and of any such district, providing for the authorization of contract with th…

The board of directors of the drainage 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 in effect praying that the proceedings aforesaid may be examined, approved and confirmed by the cou…

The court shall fix the time for hearing upon said petition, shall order the clerk of the court to publish notice of the filing of such petition, which shall be published for the time and in the manner hereinbefore provided with reference to all notices required to be published u…

proceedings.] Any person interested in the drainage district or in the issue or deposit of such bonds, or in such other proceedings as may be in issue as herein provided, may demur to or answer the petition. The provisions of Chapter LXXXVIII of the New Mexico Statutes Annotated,…

proceedings.] 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 as required by this act [73-8-1 to 73-8-60 NMSA 1978], and shall have power and jurisdiction to examine…

The word "district" as used in this act [73-8-1 to 73-8-60 NMSA 1978] shall be held to mean and include only the lands described in the official order establishing any drainage district, and the official plat thereof of record in the office of the county clerk as by this act here…

The directors and divisions of drainage districts under this act [73-8-1 to 73-8-60 NMSA 1978] shall be in number, for districts having an area of twenty-five thousand acres or less, 3; for districts having an area of more than twenty-five thousand acres and less than fifty thous…

Nothing in this act [73-8-1 to 73-8-60 NMSA 1978] shall be construed as affecting or interfering with the general right of appeal and the rules of practice and procedure relative thereto under existing laws, except as herein specifically limited; and nothing herein contained shal…

Upon entry of the orders aforesaid the board of county commissioners shall thereupon cause to be published as by this act [73-8-1 to 73-8-60 NMSA 1978] provided, a notice embodying the substance of such orders, fixing the time and place for such election and setting forth the mat…

At such election and at all elections held under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] all resident freeholders who are the owners of land within the proposed drainage district, or of evidence of title to such lands, who are qualified electors under the general…

At all elections held under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978] if a majority of all the votes cast by the qualified electors shall be in the affirmative upon any proposition submitted to a vote, other than the election of directors, such proposition shall be…

A. Whenever a majority of the resident freeholders owning more than one-half of the lands, or the evidence of title to the lands, in any district in the state desire to provide for the irrigation of the lands, they may propose the organization of an irrigation district under the …

board.] The office of the board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this act, subsequent to the organization of the district, the secretary who shall be appointed by the board of directors sh…

polls; return.] One of the judges shall be chairman of the election board and may: first - administer all oaths required in the progress of any election; second - appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the…

elects.] No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the retur…

office of director.] The secretary of the board of directors must, as soon as the result of any election held under the provisions of this act is declared, enter in the records of such board and file with the county clerk of the county in which the office of said district is loca…

regulations; delinquent assessments; engineer's report on water supply; contracts; pro rata distribution; delivering water to other lands; assignment of water rights.] The directors, having duly qualified, shall organize as a board, elect a president from their number and appoint…

entry on lands; acquisition of property; tax exemption.] The board of directors shall hold a regular quarterly meeting in their office on the first Tuesday in January, April, July and October of each year and such special meetings as may be required for the proper transaction of …

presumption of organization; certified copies as evidence.] The said board is hereby authorized and empowered to take conveyances or contracts for all property or rights acquired by it under the provisions of this act in the name of such irrigation district to and for the purpose…

contents. For the purpose of acquiring by purchase or construction, or by any lawful means, necessary reservoirs, water rights, canals, ditches and works, including necessary drainage works, and acquiring the necessary property and rights therefor, and for the purpose of repairin…

The board may sell bonds from time to time in such amounts as may be necessary and most advantageous to raise the money for the construction or purchase of canals, reservoir sites, reservoirs, water rights and works, including necessary drainage works, and to repair, extend, impr…

Any and all bonds issued under the provisions of this act, and the interest coupons attached thereto, shall be paid by revenue derived from an annual ad valorem assessment and levy upon all of the real property within the district, which real property shall be and remain liable t…

community ditches.] Nothing in this act shall be construed to in any manner affect the rights of water users under community ditches in towns or villages in this state as to their voting power in determining whether any such ditch shall be included in an irrigation district, and …

In the event of any default in the payment of the interest upon or principal of any bonds issued, and if the said district or its proper officers shall fail or neglect to enforce payment of any unpaid assessment, the holder of any one of said bonds may, for himself and for the be…

Upon the execution, issuance and delivery of such bonds, the president and secretary of the board of directors of any such irrigation district shall, forthwith, compile a statement in detail showing the amount of such issue, the rate of interest, the respective dates of maturity …