Chapter 73 — Chapter 73

That all elections in said irrigation districts authorizing or purporting to authorize the issuance of bonds of said irrigation districts which have not been delivered and paid for prior to the date this act [73-13-43 to 73-13-46 NMSA 1978] shall become effective, be, and the sam…

reservoirs. Whenever an irrigation district impounds waters on lands leased from or with consent of a state or federal agency, the irrigation district may adopt regulations in conformance with the existing state laws that provide for public safety, environmental protection and re…

That when, acting under the provisions of Section 73-602 of the New Mexico Statutes Annotated as amended by Section 14 of Chapter 8 of the Special Session Laws of 1934 [73-13-4 NMSA 1978], the board of directors of any irrigation district shall have transferred water rights to la…

Whenever water rights shall be transferred, under the provisions of this act [73-13-3, 73-13-4, 73-13-6, 73-13-7 NMSA 1978], from lands which are subject to any assessment for the payment of any outstanding bonds or other obligations of the district, the lands to which such water…

Whenever the board of directors of an irrigation district are authorized to issue bonds of the district, or refunding bonds, and have issued or are about to issue such bonds, said board shall be authorized to enter into a contract with the purchasers of said bonds, or with the fi…

In addition to the powers and authority, and including districts organized for the purpose of cooperating with the government of the United States under the terms of the federal reclamation law and other federal laws now vested in irrigation districts organized and existing under…

The board of directors of any district securing or to secure any loan hereunder shall have power and authority to pledge and/or mortgage the income, assets and property of said district, and are authorized and empowered, and it shall be the duty of said board, to make special lev…

The establishment of conservancy districts for the purposes and in the manner provided for in this act is hereby declared to be conducive to the public health, safety, convenience and welfare. History: Laws 1927, ch. 45, § 101; C.S. 1929, § 30-101; 1941 Comp., § 77-2701; 1953 Com…

Upon entry of the order of the court, the board of county commissioners of any county within which the proposed district lies, shall cause to be published a notice of the election in a newspaper of general circulation in the proposed conservancy district, at least once a week for…

The form of the ballots for the creation of the conservancy district shall be printed and appear in substantially the following form: "BALLOT On the question of the formation of __________ Conservancy District. (Place "X" in one of the boxes below) For the creation of the conserv…

A. The election on the issue of whether the proposed conservancy district will be created shall be conducted and canvassed in the same manner in the territory of the proposed district as elections for municipal school board members are carried out. Only persons who are qualified …

A. The court, upon receipt of the certified results of the election that a majority of the persons voting have voted in favor of creating the district, shall declare the district organized. B. Thereupon, the district shall be a political subdivision of the state and a body corpor…

Sections 73-14-9 through 73-14-13 NMSA 1978 shall not be construed as applying to any conservancy district organized for the purpose of providing and maintaining for surface waters: flood protection, river control, drainage, water storage for supplementing irrigation needs, const…

contents of decree. A. In respect to conservancy districts involving surface waters, upon the hearing of the petitions as provided in Section 73-14-8 NMSA 1978, if it shall appear that a petition for the organization of a district has been signed and presented, as hereinbefore pr…

Within thirty days after the district has been declared a corporation by the court, the clerk shall transmit to the secretary of state and to the probate clerk and ex-officio recorder in each of the counties having lands in the district, copies of the findings and the order of th…

A. Within thirty (30) days after entering the decree incorporating said district or, in cases of conservancy districts heretofore created under the laws of the state of New Mexico, within thirty (30) days after the passage and approval of this act (§§ 77-2701 - 77-2928, 77-3001 -…

than one hundred thousand acres and created prior to 1930. As the same are now constituted, any conservancy district organized under the provisions of the Conservancy Act of New Mexico and such conservancy district being created prior to 1930, embracing land situate in four or mo…

The boards of directors created by Sections 73-14-18 through 73-14-32 NMSA 1978 shall consist of three directors from and representing that portion of the most populous county within the conservancy district, one director each from and representing those portions of each of the r…

This act shall be construed as applying to districts organized for the purpose of providing and maintaining flood protection, river control, drainage, water storage for supplementing irrigation needs, constructing and maintaining distribution systems for irrigation; and other imp…

As used in Sections 73-14-18 through 73-14-30 NMSA 1978: A. "benefited area" means that area described by a property appraisal that receives a benefit as a result of the creation of a district for any of the purposes specified in Section 73-14-4 NMSA 1978; B. "election director" …

A. The board of directors of the conservancy district may contract for a list compiler before each election to compile and produce a qualified elector's list for the district. The list compiler shall deliver the completed list to the election director or election officer no later…

A. Each member of the board of directors shall be elected for a term of four years and, unless removed from office, shall serve until his successor is duly elected and has qualified; provided that in the first election immediately following the effective date of the provisions of…

The representation on the board of directors of the conservancy district shall be apportioned as follows: A. three members shall be elected from and by the qualified electors of the most populous county within the conservancy district; B. one member each shall be elected from and…

A member of the conservancy district board may be suspended or removed in the same manner and for the same reasons that a county officer may be suspended or removed. History: 1953 Comp., § 75-28-11.6, enacted by Laws 1975, ch. 262, § 6.

director; election proclamation. A. On the first Tuesday after the first Monday in May prior to the middle Rio Grande conservancy district election, an election proclamation shall be published that includes a list of the offices for which a candidate may file, the date and place …

A. A person who desires to become a candidate for election as a member of the conservancy district board of directors shall file a written declaration of candidacy with the election director or election officer at least sixty days before the election. The election director or ele…

For purposes of election to the board of directors of the conservancy district, each office on the board shall be assigned a position number in numerical sequence beginning with the at-large position, and then next those positions within the most populous county. At all elections…

History: 1953 Comp., § 75-28-11.10, enacted by Laws 1975, ch. 262, § 10; 1991, ch. 136, § 3; 1991, ch. 248, § 3; 1996, ch. 42, § 10; 1999, ch. 168, § 5; 1978 Comp., § 73- 14-27, repealed by Laws 2018, ch. 79, § 176.

History: 1953 Comp., § 75-28-11.11, enacted by Laws 1975, ch. 262, § 11; 1996, ch. 42, § 11; 1999, ch. 168, § 6; 1978 Comp., § 73-14-28, repealed by Laws 2018, ch. 79, § 176.

The board of directors of the conservancy district shall conduct the election pursuant to Sections 73-14-18 through 73-14-30 NMSA 1978 and shall select an election director as defined in Section 73-14-20 NMSA 1978 to provide election services. The election may be conducted by pap…

History: 1953 Comp., § 75-28-11.12, enacted by Laws 1975, ch. 262, § 12; 1996, ch. 42, § 13; 1978 Comp., § 73-14-29, repealed by Laws 2018, ch. 79, § 176.

A. This act may be known and cited as "The Conservancy Act of New Mexico"; the districts created hereunder may be termed "conservancy districts"; and the bonds which may be issued hereunder may be called "conservancy bonds," and such designation may be engraved or printed on thei…

The conservancy district board shall pay out of the district's treasury those sums necessary to meet the actual expenses of elections. The board may levy a tax or assessment sufficient to meet election expenses on all property that is subject to direct assessment or taxation with…

History: 1953 Comp., § 75-28-11.14, enacted by Laws 1975, ch. 262, § 14; 1996, ch. 42, § 14; 1999, ch. 168, § 7; 1978 Comp., § 73-14-31, repealed by Laws 2018, ch. 79, § 176.

History: Laws 1996, ch. 42, § 15; 2012, ch. 37, § 1; repealed by Laws 2018, ch. 79, § 176.

History: Laws 1996, ch. 42, § 16; repealed by Laws 2018, ch. 79, § 176.

History: Laws 1999, ch. 168, § 8; 2012, ch. 37, § 2; repealed by Laws 2018, ch. 79, § 176.

ANNOTATIONS Repeals. — Laws 1996, ch. 42, § 18 repealed 73-14-32 NMSA 1978, enacted by Laws 1975, ch. 262, § 15, relating to election violations and penalties, effective March 4, 1996. For provisions of former section, see the 1995 NMSA 1978 on NMOneSource.com. For present compar…

A. Immediately after their appointment 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 will honestly…

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 1927, ch. 45, § 303; C.S. 1929, § 30-303; 1941 Comp., § 77-2713; 1953 Comp., § 75-28-13.

A. The secretary shall be the custodian of the records of the district and of its corporate seal, and shall assist the board on 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 of…

A. Upon their qualification, the board shall prepare or cause to be prepared a plan for the improvements for which the district was created. Such plan shall include such maps, profiles, plans and other data and descriptions as may be necessary to set forth properly the location a…

recreation and research] The board shall have full power and authority to devise, prepare for, execute, maintain and operate any or all works or improvements necessary or desirable to complete, maintain, operate and protect the works provided for by the official plan, and to that…

The board, its employes [employees] and the appraisers hereinafter provided for and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district, or to have access …

A. In order to protect life and property within the district, and to protect or relieve land subject to overflow or washing, or which is menaced or threatened by the normal flow of flood or surplus or overflow waters of any natural watercourse, stream, canyon, arroyo or wash, whe…

A. The conservancy court is hereby vested with jurisdiction, power and authority, when the conditions stated in Section 202 [73-14-5 NMSA 1978] are found to exist, to establish conservancy districts for all or any of the following purposes: (1) preventing floods; (2) regulating s…

When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars ($10,000.00) dollars [sic] shall be advertised after notice by publication as the board shall order, calling for bids, and the board may reject any or all bids, or may let sa…

A. The district, when necessary for the purposes of this act, shall have a dominant right of eminent domain over the right of eminent domain of private or public corportions [corporations]. B. In the exercise of this right, due care shall be taken to do no unnecessary damage to o…

The district shall also have the right, instead of having appraisals made by the board of appraisers, to condemn for the use of the district according to the procedure provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] for the appropriation of property taken for …

A. Where necessary, in order to secure the best results from the execution and operation of the plans of the district, and to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any natural or artificial watercourse therein, the boar…