Chapter 73, Chapter 73

The method of distribution and allocation of available irrigation waters shall be set forth in rules and regulations to be adopted by the board of directors of conservancy districts, in consultation with the chief engineer thereof, which said rules and regulations, before becomin…

Conservancy districts, having adopted rules and regulations providing for the distribution and allocation of irrigation waters pursuant to the provisions of this act [73- 14-49 to 73-14-53 NMSA 1978], shall have all powers available by law to enforce the same, including the right…

Any person, partnership, association, private or public corporation or entity wilfully failing to comply with such rules and regulations, and violating same, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment for not less than six mont…

districts having 100,000 acres or less; creation of new boards of directors; powers and duties.] That as the same are now constituted under the provisions of "The Conservancy Act of New Mexico," "boards of commissioners," and "boards of directors" of all conservancy districts exc…

The boards of directors created in Sections 73-14-54 through 73-14-69 NMSA 1978 shall consist of five directors, each of whom must own real property within the conservancy district that is subject to conservancy district appraisals, assessments, levies and taxes, and each of whom…

All of said directors shall be elected at large by the qualified electors of the entire district. History: 1941 Comp., § 77-2730, enacted by Laws 1943, ch. 126, § 3; 1953 Comp., § 75-28-35.

The term "qualified electors", as used in Sections 73-14-54 through 73-14-69 NMSA 1978, means only those persons who have reached the age of majority and, for at least six months prior to the election, have owned, during the entire six-month period, real property situated within …

Each director shall be elected for a term of six years from and after the date of election and, unless removed from office as provided in Section 73-14-59 NMSA 1978, shall serve until a successor is duly elected and has qualified; provided that at the first election, one director…

Any elected director may be suspended or removed from office by order or judgment of the district court of the county of said director's residence, in the same manner, under the same procedure and for the same causes as are or may be provided by the laws governing the removal of …

At the time of filing the petition, or at any time subsequent thereto and prior to the time of the hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all the expneses [expenses] connected with the proceedings in case the organi…

The board of directors, hereby created, shall have the power to fill any vacancy in its membership for the unexpired term of the member in whose office such vacancy occurs. History: 1941 Comp., § 77-2734, enacted by Laws 1943, ch. 126, § 7; 1953 Comp., § 75-28-39.

Any qualified elector who desires to become a candidate for election as a director shall, at least forty days prior to the election, file with the secretary of the board of directors then in office a written notice of candidacy, which shall state the candidate's name and residenc…

A. The five director-members of the board of directors created by Sections 73-14-54 through 73-14-69 NMSA 1978 shall be elected on the first Tuesday of October of the year 1943 and of each succeeding sixth year thereafter at an election for districts having less than one hundred …

election; ballots; polling places; absentee voting; canvass of election returns; certification. The board of directors may promulgate necessary and reasonable rules for the administration of its elections, including provisions for: public notice of elections; selection of electio…

The board of directors of conservancy districts are hereby authorized to pay out of the treasury all sums necessary to meet the actual expenses of elections and to levy a tax, upon all property within said district which is subject to district assessment or taxation, which shall …

Whoever, not being a qualified elector as herein defined, shall vote at the election herein provided for, or being a judge of election shall wilfully miscount the ballots cast or shall wilfully make false certificate of the number of votes received by each candidate, or otherwise…

Not less than once every two years said board shall have an audit of the records and books of said district, and shall levy and collect assessments for the [that] purpose. Said audit shall be made by a private firm or auditor approved by the secretary of finance and administratio…

A. The provisions of this act [73-14-54 to 73-14-69 NMSA 1978] shall not apply to nor be construed as affecting any conservancy districts organized to conserve, protect or develop the waters of underground streams, channels, artesian basins, reservoirs or lakes having reasonably …

A. Immediately after the filinig [filing] of such petition the court shall by order fix a place and time, not less than ninety (90) days after the petition is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication (Schedule Form I) [73-17-24 NMSA 19…

The provisions of Sections 73-14-70 through 73-14-88 NMSA 1978 apply only to conservancy districts in existence and having between fifteen thousand and thirty thousand acres within their exterior boundaries on July 1, 1961 and to all conservancy districts formed after that date. …

As used in the provisions of Sections 73-14-70 through 73-14-88 NMSA 1978, "qualified elector" means a natural person who has reached the age of majority and who, for at least six months prior to the election, has owned, either in community or separately, real property located wi…

A. Boards of directors of conservancy districts shall consist of five members each of whom shall be a qualified elector of the district, and shall be bodies corporate, may sue and be sued and shall have all of the statutory rights, powers, obligations and duties conferred upon or…

A. The first election for conservancy districts existing on July 1, 1961 and eligible under the provisions of Section 74-14-74 NMSA 1978 to have an elected board of directors shall be held on the first Tuesday in October 1961. B. Subsequent elections shall be held every two years…

A. No election shall be held in an existing conservancy district until the main canals in that district are in such a condition that water can be delivered from them for irrigation on the lands within the district. B. The first election in any district formed after July 1, 1961, …

At the first election of board members for a conservancy district one of the candidates shall be elected for a two year term, two candidates for four year terms and two candidates for six year terms. History: 1953 Comp., § 75-28-54, enacted by Laws 1961, ch. 67, § 7.

If a vacancy occurs on a conservancy district board of directors the remaining board members shall appoint by majority vote a qualified elector of the district to serve the unexpired term of the vacant office. History: 1953 Comp., § 75-28-55, enacted by Laws 1961, ch. 67, § 8.

A member of a conservancy district board of directors may be removed in the same manner and for the same reasons that a county officer may be removed. History: 1953 Comp., § 75-28-56, enacted by Laws 1961, ch. 67, § 9.

A. Any qualified elector who desires to become a candidate for election as a member of a conservancy district board of directors shall file a written notice of candidacy with the secretary of the board at least twenty days before the election. B. A notice for candidacy shall stat…

For purpose of election only, at the first election in a conservancy district the two year term [of] office is designated as position 1, the two four year terms as positions 2 and 3 and the two six years terms as positions 4 and 5. At all elections subsequent to the first these s…

election; ballots; polling places; absentee voting; canvass of election returns; certification. The board of directors may promulgate necessary and reasonable rules for the administration of its elections, including provisions for: public notice of elections; selection of electio…

Any owner of real property or any public corporation in said proposed district not having individually signed a petition for the organization and incorporation of said district may, on or before the date set for the cause to be heard, file objections to the organization and incor…

The board of directors of conservancy districts are [is] authorized to pay out of the treasury those sums necessary to meet the actual expenses of elections, and the board may levy a tax sufficient to meet election expenses on all property that is subject to direct assessment or …

A. No director or secretary of a board of directors of a conservancy district shall wilfully fail to perform any of the duties imposed upon him by the provisions of Sections 73-14-70 through 73-14-88 NMSA 1978. B. No person who is not a qualified elector shall vote at a conservan…

A. False voting consists of: (1) voting or offering to vote with the knowledge of not being a qualified elector; (2) voting or offering to vote in the name of any other person; (3) voting or offering to vote more than once in the same election; (4) inducing, abetting or procuring…

A. Upon the hearing of the petition as provided for in Section 73-14-8 NMSA 1978, if it appears that a petition for the organization of the district has been signed and presented as required by law, and that the allegations of the petition are true, that the lands described in th…

A. Unlawful possession of absentee ballot material consists of the unauthorized possession at any time of absentee ballot material or obtaining absentee ballot material in an unlawful manner. As used in this section, "absentee ballot material" means an absentee ballot, absentee b…

A. Unlawful opening of a ballot box consists of opening any ballot box or inspecting or removing the contents of a ballot box without lawful authority or conspiring with others to have the same done. B. Whoever commits unlawful opening of a ballot box is guilty of a fourth degree…

A. Falsifying an election document consists of knowingly circulating, presenting or offering to present for the signature of another person a nominating petition that does not clearly show on the face of the petition the name of the candidate, the date of the election, the addres…

A. At the time of making its order organizing the district or at any time thereafter, the court, or board of judges as the case may be, in the manner provided shall appoint three appraisers (herein described and referred to as appraisers or the board of appraisers), whose term of…

No property shall be taken until just compensation has been paid according to law. But where a trial by jury is demanded under the preceding section [73-15-9 NMSA 1978], the board may pay into court, in money, the amount allowed by the appraisers, with the costs, and thereupon th…

A. Upon the entry of the order of the court approving the report of the appraisers, the clerk shall transmit to the secretary a certified copy of the said order, and of the appraisals as confirmed by the court. B. When any proceedings on a trial had in any other court have been f…

A. The board at any time, when necessary to fulfill the objects for which the district was created, may alter or add to the official plan; and when such alterations or additions are formally approved by the board and by the court, and are filed with the secretary, they shall beco…

If property in any district organized under this act is not liable to assessment at the time of the execution of the work, but afterwards, during the period when such work is being paid for, become [becomes] liable to assessment, such property shall thereupon be appraised and ass…

In case any property within or without any district is benefited, which for any reason was not appraised in the original proceedings or was not appraised to the extent of benefits received; or in case any person or public corporation shall make use of or profit by the works of an…

A. No fault in any notice or other proceeding shall affect the validity of any proceeding under this act, except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault. B. In case it be found…

A. During the preparation of the official plan, the appraisers shall examine and become acquainted with the nature of the plans for the improvement and of the lands and other property affected thereby, in order that they may be better prepared to make appraisals. B. When the offi…

A. If the appraisers find that land not embraced within the boundaries of the district will be affected by the proposed improvement, or should be included in the district, they shall appraise the benefits and damages to such land, and shall file a special report in court regardin…

district [; order of court]. A. If the special report of the appraisers includes recommendations that land be included in the district, or that land be excluded from the district, the court shall by order, fix a place and time for hearing thereon, and thereupon the clerk of the s…

A. The appraisers shall prepare a tabulated report of all of their findings which shall be bound in book form and shall be known as the conservancy appraisal record. Such record (Schedule Form VI) [73-17-24 NMSA 1978] shall contain the names of the owners of property appraised as…

A. Upon the filing of the report of the appraisers, the court shall by order fix places and times not less than thirty (30) days nor more than sixty (60) days after the report of the appraisers is filed, for hearing thereon, and thereupon the clerk shall cause notice by publicati…