Chapter 73 — Chapter 73
969 sections in this chapter.
NMSA 1978, § 73-12-52 Petition to be filed in district court
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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 stating briefly the facts concerning the organization of the district, a description of the bound…
NMSA 1978, § 73-12-53 Court to fix time for hearing and publish notice thereof
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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 published for three successive weeks in a newspaper published in the county where the office of th…
NMSA 1978, § 73-12-54 Provisions of Civil Code shall apply; effect of findings of
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court. The provisions of the Code of Civil Procedure respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The person so demurring and answering said petition shall be the defendant to the special proceedings, an…
NMSA 1978, § 73-12-55 The court's findings of fact and conclusions of law;
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judgment res judicata. 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 published for the time and in the manner in this act [73-12-1 to 73-12-57 NMSA 1978] prescribed, and shall have po…
NMSA 1978, § 73-12-56 ["Electrical district" defined.]
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Whenever the words ". . . . . . . . Electrical District" are used in this act [73-12-1 to 73-12-57 NMSA 1978] it shall be held to mean and include only the lands described in the official order establishing said district and the official order including additional lands therein, …
NMSA 1978, § 73-12-57 Provisions of Chapter 20, Acts of 1925, relating to
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certification board, shall apply to this act. The provisions of Chapter 20, of the Sessions Acts of 1925, being an act "relating to bonds of irrigation and conservancy districts, providing under what circumstances such bonds shall be legal investments for funds of banks in which …
NMSA 1978, § 73-12-6 Canvass of votes, by board of county commissioners
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The said board of county commissioners shall meet on the second Monday next after such election and canvass the votes cast thereat; and if it appears upon such canvass that at least two-thirds of the qualified electors voting at said election have voted "Electrical Irrigation Dis…
NMSA 1978, § 73-12-7 Regular elections of district; oath of office and bond of
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directors. The regular election of said district shall be held on the first Tuesday after the first Monday in December in each second calendar year thereafter, at which said officers shall be elected. The person receiving the highest number of votes for any office to be filled at…
NMSA 1978, § 73-12-8 Office of board; subsequent elections
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The office of the board of directors shall be located in the county where the organization was effected. Fifteen (15) days before any election held under this act [73- 12-1 to 73-12-57 NMSA 1978], subsequent to the organization of the district, the secretary who shall be appointe…
NMSA 1978, § 73-12-9 The election board; oath of judges; polls kept open
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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 board of electi…
NMSA 1978, § 73-13-1 [Office of district.]
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That the office of all irrigation districts shall be in the county where the lands of said district, or some part thereof, are situate. History: Laws 1933, ch. 181, § 1; 1941 Comp., § 77-2501; 1953 Comp., § 75-26-1.
NMSA 1978, § 73-13-10 [Execution and acknowledgment of security for loan.]
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Loans hereunder may be made and secured by notes, debentures, mortgages or pledges, or other form of obligation as shall by its board of directors be deemed for the best interest of such district and the board of directors of such district are hereby authorized and empowered to m…
NMSA 1978, § 73-13-11 Limitation on term of loan; interest; renewal of loan
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Loans made under the provisions hereof shall be for a period of not exceeding twenty (20) years, payable as to principal and interest as the board of directors may determine, but no obligation of the district issued hereunder shall be sold for less than ninety cents (90¢) of the …
NMSA 1978, § 73-13-12 [Advertisement or notice of sale unnecessary; private
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sale.] It shall not be necessary that any advertisement or notice of sale of any obligation issued hereunder be had or given, but any such loan may be made and evidence of debt sold, negotiated and delivered at private sale without advertisement or notice. History: Laws 1933, ch.…
NMSA 1978, § 73-13-13 [Total of loans not to exceed maximum.]
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No second or subsequent loan shall be made hereunder where the total thereof, including loan previously made hereunder, shall exceed the maximum amount per acre authorized hereunder. History: Laws 1933, ch. 52, § 6; 1941 Comp., § 77-2513; 1953 Comp., § 75-26-13.
NMSA 1978, § 73-13-14 [Debt constitutes lien on district.]
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That obligations and evidence of debt issued by any district hereunder shall be a first lien on the income and property of such district, except outstanding bonds and lien obligations of [on] the records of the county clerk and recorder of the county or counties wherein said dist…
NMSA 1978, § 73-13-15 [Use of borrowed money.]
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Money obtained or borrowed under the provisions hereof shall be expended only in the betterment, extension, construction, operation, reconstruction and repair of the canal, irrigation system and physical works of the district, and for the payment or retirement of any or all exist…
NMSA 1978, § 73-13-16 [Special assessment entered by county assessor; lien;
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collection.] Special assessments authorized and made hereunder shall be certified by the secretary of the board of directors of said district to the county assessor of the county or counties where the lands assessed are situated and said assessor shall immediately enter said spec…
NMSA 1978, § 73-13-17 [Purpose of act.]
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The intent of this act [73-13-8 to 73-13-18 NMSA 1978] is to authorize and allow irrigation district [districts] coming under the provisions hereof to borrow money and make loans from the reconstruction finance corporation, under the provisions of the Relief Act of the federal co…
NMSA 1978, § 73-13-18 [Construction of act.]
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Any and all laws relating to irrigation districts within the state of New Mexico which would or might be construed in conflict with this act [73-13-8 to 73-13-18 NMSA 1978] shall be held inoperative for the purposes and intent of this act, and this act shall be deemed to be addit…
NMSA 1978, § 73-13-19 [Delinquent tax sales; purchase by district.]
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Whenever any lands within and forming part of any irrigation district organized under or governed by Chapter 41 of the Session Laws of 1919, and Chapter 20 of the Session Laws of 1919, have been heretofore or may be hereafter sold for delinquent taxes, such district may become th…
NMSA 1978, § 73-13-2 [Location determined by board of directors.]
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The board of directors of each such district shall determine where the office of said district shall be and may change the location of such office, from time to time, in such manner as, in their opinion, will best serve the purposes of said district and convenience of the propert…
NMSA 1978, § 73-13-20 [Expiration of redemption period; tax deed to district;
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prior liens.] Whenever any such land so sold has been heretofore or shall be hereafter struck off to the county, and has not been redeemed, and the duplicate tax sale certificate therefor has not been sold or assigned by the county, it shall be the duty of the county treasurer, u…
NMSA 1978, § 73-13-21 [Sale of land or water rights acquired through tax sale;
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discharge of lien; recording.] It shall be the duty of said board of directors to sell said land or any part thereof or any water rights appurtenant thereto as soon as practicable for not less than the amount of such lien and to pay to the county treasurer the amount of said lien…
NMSA 1978, § 73-13-22 [Authority to purchase; expenses of purchase.]
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The board of directors of any such district shall have full power and authority in the name and for the benefit of such district to make such purchases, to receive and hold title to such lands and water rights, to prosecute suits to quiet title thereto and to sell and convey the …
NMSA 1978, § 73-13-23 When county be reinvested with title
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Provided, however, that if the amount of the lien to which the county treasurer's deed shall be made, as provided by Section 2 [73-13-20 NMSA 1978] hereof, be not fully paid within six years from the date of such deed, the county shall, at the expiration of such period, be and im…
NMSA 1978, § 73-13-24 [Assessment, levy and collection of taxes by district.]
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That whenever any board of directors of any irrigation district, organized under the laws of the state of New Mexico, shall decide by appropriate resolution that it is to the best interest of such district to assess, levy and collect the taxes of such district it may take over su…
NMSA 1978, § 73-13-25 [Definitions.]
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The word "district" as hereinafter used shall mean an irrigation district, organized under the laws of the state of New Mexico; the word "assessor-collector" as hereinafter used shall mean the assessor-collector of such irrigation district; the word "treasurer" as hereinafter use…
NMSA 1978, § 73-13-26 [Notice of intention to take over taxation duties.]
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In the event any board of directors of any such irrigation district shall, as provided in the first section [73-13-24 NMSA 1978] hereof, decide to take over the levying, assessment and collection of taxes of its district, it shall notify the boards of county commissioners of the …
NMSA 1978, § 73-13-27 [Meeting for determination of tax rate.]
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In the event of any such board of directors taking over such duties it shall become the duty of the board of directors, on or before the first day of September of each year, to determine the amount of money required to meet the obligations, maintenance, operating and current expe…
NMSA 1978, § 73-13-28 [Assessor-collector and treasurer; appointment; bond of
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assessor-collector; salary; deputies.] It shall become the duty of the board of directors of any such district after deciding to take over the duties of levying, assessing and collecting of the taxes of such district to appoint an assessor-collector and treasurer of such district…
NMSA 1978, § 73-13-29 [Collections for United States; additional bond of
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treasurer.] In case any district is appointed fiscal agent of the United States, or is authorized by the United States to make collections of money for and in behalf of the United States, in connection with any federal reclamation project, such treasurer shall execute a further a…
NMSA 1978, § 73-13-3 [Power to deal in lands and water rights.]
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The directors of any irrigation district, now organized or which may be hereafter organized under the laws of the state of New Mexico, shall have power to purchase, hold, use, control, operate, sell, convey, lease and otherwise acquire and deal in lands and water rights, and any …
NMSA 1978, § 73-13-30 [Treasurer; bond; salary.]
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The treasurer after being appointed by the board of directors shall qualify by making an oath that he will well and truly perform his duties as such treasurer and by entering into a bond to the state of New Mexico conditioned the same as the bonds of county treasurers. Said bond …
NMSA 1978, § 73-13-31 [Assessment roll.]
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The assessor-collector, on or before the first day of November of each year, shall prepare the assessment roll of the district, upon the blanks to be furnished by the board of directors, by entering upon said roll the name of the owner, the description and area of each tract of l…
NMSA 1978, § 73-13-32 [Collection of taxes.]
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It shall be the duty of the assessor-collector of said irrigation district to collect and receipt for all taxes levied as herein provided in the same manner and at the same time as is required in the receipt for, and the collection of, taxes upon real estate for county purposes; …
NMSA 1978, § 73-13-33 [Date for payment of taxes; delinquency; interest;
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penalties and costs; districts cooperating with reclamation laws.] All district taxes, tolls and charges of any irrigation district cooperating with the United States under the federal reclamation laws and other federal laws shall be due and payable as follows: first half January…
NMSA 1978, § 73-13-34 [Powers of district treasurer; delinquent taxes.]
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That whenever any such irrigation district shall take over the levy, assessment and collection of the taxes of such district, the treasurer of such district shall have all the powers and be charged with all the duties, with reference to the collection of delinquent taxes of such …
NMSA 1978, § 73-13-35 [Accounts kept by treasurer; payments; monthly report;
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depositories.] It shall be the duty of the treasurer to keep a district bond fund account, a district contract fund account, a district operation and maintenance fund account and a district general fund account, and the proceeds of the taxes collected shall be covered into the re…
NMSA 1978, § 73-13-36 [County treasurer to turn over funds to district treasurer
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upon appointment.] Immediately upon the appointment and qualification of the treasurer, the county treasurer and ex-officio district treasurer shall turn over to the treasurer all funds of the district and take proper receipts therefor. History: Laws 1927, ch. 129, § 13; C.S. 192…
NMSA 1978, § 73-13-37 [Criminal liability of assessor-collector and treasurer.]
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The assessor-collector and treasurer of such district shall be liable for indictment and criminal prosecution for malfeasance, misfeasance or failure to perform any duty herein prescribed, as provided by law in cases of county treasurers. History: Laws 1927, ch. 129, § 14; C.S. 1…
NMSA 1978, § 73-13-38 [Insolvency of municipal irrigation districts; appointment
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of receiver.] That whenever any municipal irrigation district shall become insolvent and unable to pay its debts, the district court may, at the suit of its board of directors, appoint a receiver for such municipal irrigation district, to operate the same under the court's direct…
NMSA 1978, § 73-13-39 [Powers of receiver of municipal district.]
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Whenever any receiver is appointed, as provided in the preceding section [73-13-38 NMSA 1978], he shall enter into such bond as the court may fix, and he shall have the same powers and authority heretofore exercised by the board of directors of such irrigation district, and such …
NMSA 1978, § 73-13-4 Transfer water from one tract to another tract owned by
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district. Upon the application of any landowner in the district or upon its own motion, the board of directors of any such district may transfer any water rights appurtenant to lands held by or within such district, which for any cause are not suitable for irrigation or capable o…
NMSA 1978, § 73-13-40 [Powers of receivers of irrigation districts; limitation on
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power.] That whenever any irrigation district has been placed in the hands of a receiver by order of court, such receiver shall be vested with all powers and authority which, in the absence of such receivership, would be vested in the board of directors of such district; provided…
NMSA 1978, § 73-13-41 [Powers upon order of court; effect of action.]
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That upon order of the court in which any such receivership is pending, the receiver of any irrigation district may execute, on behalf of such district, any contract, conveyance, bond, debenture or other instrument which the board of directors of such district might or could have…
NMSA 1978, § 73-13-42 [Additional powers.]
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That in addition to the power and authority specified in Paragraphs [Sections] one and two hereof [73-13-40, 73-13-41 NMSA 1978], all such receivers shall have further powers and authority as the court in which such proceedings are pending may or can grant. History: Laws 1933, ch…
NMSA 1978, § 73-13-43 [Validating law; definitions.]
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The following terms, whenever used or referred to in this act [73-13-43 to 73-13-46 NMSA 1978], shall have the following meaning unless a different meaning clearly appears from the context: A. the term "irrigation law" shall mean Chapter 20 of the Session Laws of 1919, Chapter 41…
NMSA 1978, § 73-13-44 [Establishment and proceedings of districts validated.]
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That the creation, establishment and organization of irrigation districts, or purported creation, purported establishment and purported organization under the provisions of the irrigation law, together with all notices, proceedings, acts and deeds done and performed with referenc…
NMSA 1978, § 73-13-45 [Elections and appointments of officers and employees
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validated.] That all elections of directors of said irrigation districts held or purporting to be held under the provisions of the irrigation law and all appointments of officers, employees and agents of irrigation districts made or purported to have been made by the directors of…