928 sections in this chapter.
NMSA 1978, § 73-18-28 Director-at-large and municipal director
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A. The director to represent the municipality and the director-at-large for the period from October 1955 to October 1957 shall be selected at the September 1955 meeting by the board of directors of the conservancy district as it exists prior to the election. The members shall be …
NMSA 1978, § 73-18-29 Conservancy district board; how constituted
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After the election herein provided, boards of directors of such districts shall consist of five directors, one representing each election precinct of such district, and one director-at-large. All of such directors shall have equal powers and responsibilities. In case of vacancy t…
NMSA 1978, § 73-18-3 Contract procedure inapplicable
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The provisions of Section 309, Chapter 45, Session Laws of 1927 (being Section 73- 14-40 NMSA 1978), shall not apply to any reclamation contract. History: Laws 1939, ch. 148, § 3; 1941 Comp., § 77-3103; 1953 Comp., § 75-32-3.
NMSA 1978, § 73-18-30 Qualifications of electors
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The board of directors of the conservancy district shall, by resolution, adopt a plan with necessary rules and regulations by which nonresident owners of land or other owners of land may vote for directors by absentee ballot. History: 1953 Comp., § 75-32-30, enacted by Laws 1955,…
NMSA 1978, § 73-18-31 Ownership
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Any person who has exclusive possession and control of irrigable land under a purchase contract, which purchase contract has been approved by the district, and in connection with which any incremented value to be paid to the United States has been paid in full, shall be considere…
NMSA 1978, § 73-18-32 Voting rights
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A. In district precinct elections, landowners owning one acre of irrigable land five months preceding the election shall be entitled to one vote for each acre of irrigable land or major fraction of an acre owned by the landowner up to one hundred sixty acres. Landowners owning le…
NMSA 1978, § 73-18-33 Qualifications of directors
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The director-at-large shall be the owner of class "A" land within the district and shall be a resident of the district. The director for the municipal election precinct shall be a resident and shall be the owner of real estate within the district boundaries of the municipality. A…
NMSA 1978, § 73-18-34 Becoming a candidate for director
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Any person wishing to become a candidate for the office of director in any district shall by the last Friday of July before the election file in the office of the secretary of the district a declaration of candidacy stating the election precinct for which the person is a candidat…
NMSA 1978, § 73-18-35 Term of office for director
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The regular term of office for a director is four years, and the director shall serve until a successor has been chosen and has qualified. A director shall qualify by taking an oath of office. Newly elected directors shall take office on the date that their terms of office begin …
NMSA 1978, § 73-18-36 Compensation of directors
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Each director shall receive compensation payable out of the funds of the district in an amount to be determined by the board of directors of the district; provided that no director may receive an increase in compensation during the term for which that director was elected. Histor…
NMSA 1978, § 73-18-4 Plan of works
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The provisions of the Conservancy Act as to the formulation and approval and establishment of the official plan shall not apply to contracting districts with respect to works to be constructed pursuant to a reclamation contract, but the plan of works so to be constructed by the U…
NMSA 1978, § 73-18-41 Application of general election laws
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In any election held under Sections 73-18-25 through 73-18-43 NMSA 1978, the general election laws shall be applicable except as otherwise provided in Sections 73- 18-25 through 73-18-43 NMSA 1978 and except as to the requirement for registration and residence in state, county or…
NMSA 1978, § 73-18-41.1 Election rules and procedures; forms; notice of
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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…
NMSA 1978, § 73-18-42 File of county clerk
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The county clerk of the county shall keep a file in which shall be kept all papers received by said county clerk, in connection with such conservancy district, under the provisions of this act [73-18-25 to 73-18-43 NMSA 1978]. Such county clerk shall keep a record or index of all…
NMSA 1978, § 73-18-43 Penalties
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The negligent failure of the secretary or of any member of the board of directors shall be punished by a fine of not to exceed $50.00. The willful violation of this act [73- 18-25 to 73-18-43 NMSA 1978] by omission or commission by the secretary or any director of said district o…
NMSA 1978, § 73-18-5 When certain provisions to apply; general obligation
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A. Except as otherwise herein provided, the provisions of the Conservancy Act relating to the appraisal and confirmation of benefits and assessments and levy pursuant thereto shall not apply to a contracting district. B. The provisions of the Conservancy Act relating to the appra…
NMSA 1978, § 73-18-6 Classification of real property
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A. For the purpose of assessment all real property in any contracting district is hereby divided into two classes. The first, which shall be known as Class "A" property, shall embrace the irrigable lands in the district and shall be assessed and levied against annually as herein …
NMSA 1978, § 73-18-6.1 Reclassification of property in certain districts
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A. Notwithstanding the provisions of Section 73-18-6 NMSA 1978 and in lieu thereof, the board of directors of any conservancy district created prior to 1930 embracing land situate in four or more counties and consisting of more than one hundred thousand acres, by resolution and w…
NMSA 1978, § 73-18-7 Apportionment
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The board of a contracting district, within 30 days after execution of a reclamation contract or within 30 days after the effective date of this act, whichever date is the later, shall by resolution determine and establish an apportionment of the annual assessments to be thereaft…
NMSA 1978, § 73-18-7.1 Assessment; modification; certain districts
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Notwithstanding the provisions of Section 73-18-7 NMSA 1978 and in lieu thereof, the board of directors of any conservancy district created prior to 1930 embracing land situate in four or more counties and having more than one hundred thousand acres shall determine and establish …
NMSA 1978, § 73-18-8 Assessments; appeals
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A. The board, on a date to be fixed by a standing order of the board, which shall not be later than July 1 of each year, shall convene for the purposes in this section set forth and shall estimate and determine the amount of funds required to meet the obligations to come due and …
NMSA 1978, § 73-18-8.1 Assessments; appeals; certain districts
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A. Notwithstanding the provisions of Section 73-18-8 NMSA 1978 and in lieu thereof, the board of directors of any conservancy district created prior to 1930 embracing land situate in four or more counties and having more than one hundred thousand acres shall convene on a date to …
NMSA 1978, § 73-18-9 District treasurer; county treasurers; assessors; duties;
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accounts; collection and disposition of assessments. A. The district treasurer of a contracting district and the county treasurer of each county in which is located any part of a contracting district shall, in connection with assessments, levies and collections made as authorized…
NMSA 1978, § 73-18-9.1 County treasurers; district treasurers; certain districts;
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collection and disposition of assessments. A. Notwithstanding the provisions of Section 73-18-9 NMSA 1978 and in lieu thereof, the county treasurer of any county wholly or partly within a conservancy district created prior to 1930, situate in four or more counties and consisting …
NMSA 1978, § 73-19-1 [Tri-state water conservancy association created.]
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There is hereby created an organization to be known as the tri-state water conservancy association. History: Laws 1937, ch. 55, § 1; 1941 Comp., § 77-3201; 1953 Comp., § 75-33-1.
NMSA 1978, § 73-19-2 [Governing body; number; selection; eligibility.]
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That such organization shall be governed by a board of nine directors, to be selected as follows: three directors to be selected by the county commissioners of each of the counties of Quay, Curry and Roosevelt, and the directors selected to be residents, property owners and taxpa…
NMSA 1978, § 73-19-3 [Directors; gratuitous service; terms; filling vacancies.]
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That the directors, once selected, shall serve without pay, one director from each county is to serve for a period of one year from the date of his selection, one director from each county is to serve for two years from the date of his selection and one director from each county …
NMSA 1978, § 73-19-4 [Powers of directors.]
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That said board of directors shall have the power and it shall be its duty to cooperate with the representatives of the Texas counties, or any agencies created by the state of Texas or by said counties, interested in an effort to secure funds from the United States government, it…
NMSA 1978, § 73-19-5 [No indebtedness to be contracted; organization;
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meetings; employees and agents.] That said directors shall not have the right to contract any indebtedness whatsoever, either on behalf of the state of New Mexico or the counties for which they are chosen. That the board of directors of said conservancy association shall select s…
NMSA 1978, § 73-20-1 Short title
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Sections 73-20-1 through 73-20-24 NMSA 1978 may be cited as the "Watershed District Act". History: 1953 Comp., § 45-5-19, enacted by Laws 1957, ch. 210, § 1; 2018, ch. 79, § 159; 2019, ch. 212, § 251.
NMSA 1978, § 73-20-11 Votes; results
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The votes shall be counted in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. If a majority of the votes cast favors creation of the district, the county canvassing board shall certify the results to the county clerk in the county invol…
NMSA 1978, § 73-20-12 Directors; appointment
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A. A watershed district shall be governed by a board of directors appointed by the board of supervisors for the soil and water conservation district in which the watershed district is located. Except as provided in Subsection C of this section, a board of directors shall consist …
NMSA 1978, § 73-20-13 Authority
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Subject to the approval of the board of supervisors, the board of directors of a watershed district shall have power to: A. request the board of supervisors to levy an annual assessment on the real property within the watershed district, subject to the requirements provided in Su…
NMSA 1978, § 73-20-14 Bonds
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A. Bonds authorized by Section 73-20-13 NMSA 1978 shall not be issued until proposed by order or resolution of the board of directors, specifying the purpose for which the funds are to be used, and the proposed undertaking, the amount of bonds to be issued, the rate of interest t…
NMSA 1978, § 73-20-15 Loans; repayments
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A. In addition to the borrowing of money by the issuance of bonds for the purposes set out in Section 73-20-13 NMSA 1978, the district may borrow money from the United States department of agriculture or any other federal agency if the loan can be repaid according to its terms by…
NMSA 1978, § 73-20-16 Per diem and mileage
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Members of the board of directors shall receive no salaries, but the members shall be entitled to be reimbursed in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: 1953 Comp., § 45-5-33, enacted by Laws 1957, ch. 210, § 15; 200…
NMSA 1978, § 73-20-17 Budgets; tax levy; limitation
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A. Within the first quarter of each calendar year, the board of directors shall prepare an itemized budget of the funds needed for administration, construction, operation and maintenance of works of improvement and submit the budget to the board of supervisors for approval. After…
NMSA 1978, § 73-20-18 Assessment lists
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A. The board of directors shall prepare a list of the landowners within the defined boundaries of the watershed district in each county involved showing the number of acres subject to assessment and deliver it to the county assessor of the county involved. The assessor shall indi…
NMSA 1978, § 73-20-19 Collection of assessments
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A. The county treasurer shall collect the assessment due the district at the same time and in the same manner in which he collects the state and county ad valorem tax. The county treasurer shall retain a fee for collections of the assessment equal to four percent of the assessmen…
NMSA 1978, § 73-20-2 Definitions
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As used in the Watershed District Act: A. "directors" or "board of directors" means the directors of a watershed district; and B. "supervisors" or "board of supervisors" means the supervisors of a soil and water conservation district in which the watershed district is located. Hi…
NMSA 1978, § 73-20-20 Expenditures
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Assessment funds collected shall be transferred to and held by the treasurer of the watershed district for the specific purpose for which they have been collected. All expenditures of such funds shall be made by the board of directors upon order and approval of the board of super…
NMSA 1978, § 73-20-21 Addition of land
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A. Any one or more owners of land may petition the board of supervisors to have their lands added to a watershed district. The petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved and other information pertinent to the propo…
NMSA 1978, § 73-20-22 Detaching land
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The owner or owners of land who have not been, are not and cannot be benefited by their inclusion in the watershed district and whose lands do not contribute to the district's purposes may petition the board of supervisors to have the lands withdrawn. The petitions shall be filed…
NMSA 1978, § 73-20-23 Discontinuance of districts
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A. At any time after five years from the organization of a watershed district, a majority of the landowners in the district may file a petition with the board of supervisors and the board of directors requesting that the existence of the district be discontinued if all obligation…
NMSA 1978, § 73-20-24 Supervision by courts
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If any supervising soil and water conservation district is discontinued, the district court of the county or counties involved shall serve in the same supervising capacity over the watershed district as the board of supervisors. History: 1953 Comp., § 45-5-41, enacted by Laws 195…
NMSA 1978, § 73-20-25 Short title
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Sections 73-20-25 through 73-20-48 NMSA 1978 may be cited as the "Soil and Water Conservation District Act". History: 1953 Comp., § 45-5-42, enacted by Laws 1965, ch. 137, § 1; 1973, ch. 324, § 1; 1977, ch. 254, § 56; 2003, ch. 88, § 1.
NMSA 1978, § 73-20-26 Legislative determination; purpose of act
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A. Considered and resolved by legislative determination, it is declared that: (1) the land, waters and other natural resources are the basic physical assets of New Mexico, and their preservation and development are necessary to protect and promote the health and general welfare o…
NMSA 1978, § 73-20-27 Definitions
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As used in the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978]: A. "district" means a soil and water conservation district as described in Section 73- 20-44 NMSA 1978; B. "supervisor" means a member of the governing body of a district; C. "commission" me…
NMSA 1978, § 73-20-28 Soil and water conservation commission members
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There is created a "soil and water conservation commission" to be composed of seven appointed members and five ex-officio members. The seven appointed members shall be selected by and serve at the pleasure of the governor. Six of the appointed members shall be supervisors and sha…
NMSA 1978, § 73-20-29 Selection of commission chairman; quorum;
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compensation; function. A. Upon the appointment of seven members by the governor, the commission shall organize and designate a chairman, who shall serve at the pleasure of the commission. B. In the performance of commission functions, a majority of the appointed members shall co…