Chapter 73 — Chapter 73

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

The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of such petition. The notice shall be given and published once each week for four consecutive weeks in a newspaper of general circulatio…

Any person interested in said district or in the issue or sale of said bonds, or in such other proceedings as may be in issue as herein provided, may demur to or answer said petition. The provisions of Chapter LXXXVIII respecting the demurrer and answer to a verified complaint sh…

Whenever a majority of the resident freeholders, owning more than one-half of the lands or the evidence of title to said lands in any arid or semiarid district in the state of New Mexico, desire to provide for the irrigation of the same by pumping water for such irrigation, they …

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 returns. If at…

The secretary of the board of directors must, as soon as the result of any election held under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] is declared, enter in the records of such board and file with the county clerk of the county in which the office of said distr…

of engineers; rules and regulations; report on water supply and engineering plans; when bonds may be used in payment; when contracts must be ratified by electors; uniform rates; disposal of surplus power. The directors having duly qualified, shall organize as a board, elect a pre…

to be kept open; rights-of-way; right to acquire oil or gas for power; title to property; exemption from taxation. The board of directors shall hold a regular quarterly meeting in their office on the first Tuesday of January, April, July and October of each year and such special …

legality of organization of district presumed after one year. 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 [73-12-1 to 73-12-57 NMSA 1978] in the name of such irrigati…

terms and conditions; subsequent issues. For the purpose of constructing or purchasing or acquiring the necessary fuel transmission lines, pipelines, power plants, electrical motors, engines, reservoir sites, reservoirs, water rights, water wells, canals, ditches and works, inclu…

The board may sell bonds from time to time in amounts necessary and most advantageous to raise money for the construction or purchase of canals, reservoirs, reservoir sites, water rights, water wells and works, power plants, electrical motors, engines, power transmission lines, g…

district to be uniform; may use highways. Said bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property within the district and such real property shall be and remain liable to be assessed and taxed for such payments as he…

commissioners each year; county commissioners may act [; duties of county treasurer; delinquent accounts; special assessments; disbursements] It shall be the duty of the board of directors of the district, on or before September first of each year, to determine the amounts of mon…

It shall be the duty of the county assessor of any county embracing the whole or a part of any irrigation district to assess and enter upon his tax roll each year the name of the owner and the description, and area of, each tract of land in said district in said county subject to…

"resident freeholders"; security for costs. For the purpose of the establishment of an irrigation district, as provided by this act [73-12-1 to 73-12-57 NMSA 1978], a petition shall be filed with the board of county commissioners of the county which embraces the largest acreage o…

It shall be the duty of the county commissioners of the county in which is located the office of any irrigation district, immediately upon receipt of the said certified list of the lands in said district subject to tax hereunder, and upon the receipt of the certificate of the sai…

The county treasurer of the county in which is located the office of any irrigation district, shall be and is hereby constituted ex-officio district treasurer of said district, and said county treasurer shall be liable upon his official bond and to indictment and criminal prosecu…

delinquents. The revenue laws of this state for the assessment, levying and collection of taxes on real estate for county purposes, except as herein modified, shall be applicable for the purposes, of this act [73-12-1 to 73-12-57 NMSA 1978], including the enforcement of penalties…

bidder. After adopting a plan for the construction of power plants, transmission lines, pipelines, canals, reservoirs and works, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in each of the counties into which…

verified; record to be kept. No claims shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall state the date authorized by the board and f…

levy; employment of electrician or mechanic.] For the purpose of defraying the expenses of the organization of the district and the care, operation, management, repair and improvements of all canals, ditches, reservoirs, water wells, power plants, electrical motors, engines, powe…

The board of directors shall have the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals, power, transmission or pipelines may intersect or cross; and if said b…

in any contract. The board of directors shall each receive compensation at the rate of two and one- half dollars ($2.50) per day while attending meetings, and their actual and necessary expenses while engaged in official business. The salary of the secretary shall not exceed eigh…

provided in this act. The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever either by issuing bonds or otherwise, in excess of the express provisions of this act [73-12-1 to 73-12-57 NMSA 1978], and any debt or liab…

In case the volume of water in any canal, reservoir or other works or in case the volume of power or fuel in any district shall not be sufficient to supply the continual wants of the entire district and all lands susceptible of irrigation therein, then it shall be the duty of the…

When such petition is presented, it shall be the duty of the board of county commissioners with which such petition is filed, at the next regular or special meeting thereafter or at a special meeting called earlier for the purpose to fix a date for the hearing on said petition, n…

Nothing herein contained shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal or reservoir. History: Laws 1929, ch. 76, § …

affect obligations incurred. The boundaries of any irrigation district now or hereafter organized under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978], may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair o…

The holder or holders of title, or evidence of title, or [of] any body of land adjacent to or situate within the boundaries of any irrigation district, may file with the board of directors of said district a petition in writing, praying that such lands be included in such distric…

The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once a week for three successive weeks in a newspaper published in the county where the office of said board is situate, which notice shall state the filing of such…

The board of directors, at the time and place mentioned in said notice, or at such time or times to which the hearing of such petition may be adjourned, shall proceed to hear the petition, and all objections thereto, presented in writing by any person showing cause as aforesaid w…

The board of directors to whom such petition is presented may require as a condition precedent to the granting of the same that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as said petitioners or t…

describing new boundaries; electors may protest. The board of directors if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall by order reject the said petition, but if they deem it for the best interests of the di…

county clerk. Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district showing su…

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 on…

inclusion of land]. In case of the inclusion of any lands within any district by proceedings under this act [73-12-1 to 73-12-57 NMSA 1978] the board of directors, shall, if they deem necessary, at least thirty days prior to the next succeeding regular election, make an order red…

A. At the hearing before the board of county commissioners provided for in Section 73-12-3 NMSA 1978, the board shall proceed to determine whether the petition has been signed by the requisite number of petitioners; whether the lands in the proposed district are arid or semiarid …

Any tract of land included within the boundaries of any such district, at or after its organization under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978], may be excluded therefrom, in the manner herein prescribed, but such exclusion of land from the district shall not…

The owner or owners in fee of any lands constituting a portion of any irrigation district may file with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The petition shall describe the lands which the petitio…

The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least three weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of said district lie within an…

The board of directors at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto presented in writing by any person showing cause as aforesaid why th…

The board of directors, if they deem it not for the best interest of the district that the lands mentioned in the petition or any portion thereof should be excluded from said district shall order that said petition be denied; but if they deem it for the best interest of the distr…

clerk. Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change and a plat of such district showing such chang…

exclusion of land]. At least thirty days before the next regular election of such district the board of directors thereof may, if they deem it necessary, make an order redividing said district into three divisions, as nearly equal in size as practicable, and one director shall be…

schedules for use of power; regulations of quantity of water to be pumped. The board may employ a competent engineer or mechanic whose duty it shall be to supervise the operation and maintenance of all power plants, transmission lines, motors, engines, pumps and all electrical an…

of surplus power. Any district organized under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978] shall be taxed in the sum of four percent (4%) of the gross revenue derived from the sale of surplus power, which amount shall be paid into the county treasury of the county …

Whenever a majority of the resident freeholders, representing a majority of the number of acres of the land included in any irrigation district organized or hereafter to be organized under this act [73-12-1 to 73-12-57 NMSA 1978], shall petition the board of directors to call a s…

procedure. The board of county commissioners shall thereupon cause notice embodying the orders in substance, signed by the chairman and clerks of the board to be issued, given and published, giving public notice of the election, the time and place thereof and the matters submitte…

The board of directors shall name a day for canvassing the vote, and if it shall appear that a majority of said ballots contain the words, "For Dissolution - Yes," then it shall be the duty of said board of directors to make and cause to be entered upon their records an order dec…

The board of directors of any irrigation district purporting to be organized under this act [73-12-1 to 73-12-57 NMSA 1978], may commence special proceeding [proceedings] in and by which the proceedings of said board and of the county commissioners for the organization of said di…