Chapter 73 — Chapter 73

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…

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…

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.

History: 1953 Comp., § 45-5-28, enacted by Laws 1957, ch. 210, § 10; 2003, ch. 228, § 2; 2018, ch. 79, § 161; repealed by Laws 2019, ch. 212, § 284.

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…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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…

The purpose of the Watershed District Act is to secure the federal assistance provided in Public Law 566 of the 83rd congress, and amendatory legislation, for New Mexico in its program to further the conservation, development, utilization, flood prevention and disposal of water, …

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 73-20-30 NMSA 1978, as enacted by Laws 1977, ch. 254, § 60, relating to creation of the soil and water conservation division and the appointment of a director, effective July 1, 1987. For present comparable provisions, see …

A. The supervising officer of any state agency or post-secondary educational institution shall, within the limitations of his budget and the demands of his agency or institution, assign staff or personnel, render special reports and undertake surveys or studies pertaining to soil…

In addition to all other powers and duties of the department, it shall: A. upon request and within budget limitations, provide land-use planning assistance in the areas of terrain management consisting of flood control, drainage, erosion and measures required for adapting propose…

A. Twenty-five landowners whose land lies within the exterior limits of a geographical area proposed to be organized into a district may petition the commission for the organization of a district. The petition shall state: (1) the proposed district name; (2) the need for the prop…

referendum. A. When a final determination of the commission that a proposed district is necessary and desirable has been entered and recorded, the commission shall then determine whether the operation of the district is administratively practicable. To assist in this determinatio…

A. Upon the determination that a proposed district is necessary and administratively practicable, the commission shall appoint two interim supervisors who reside within the district who shall be the governing body of the district until an election of supervisors is held. The two …

existing districts. A. Unless otherwise provided by this section, petitions to modify the boundaries of an existing district shall be subject to the same requirements for notice, hearing, determination of necessity and desirability, referendum and determination of administrative …

districts. A. The governing body of a district shall be composed of five supervisors who shall be residents of the district and shall be elected pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]; provided, however, that two additional supervis…

districts. A. Successors to supervisors whose terms end in a calendar year shall be elected pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Elections shall be called, conducted and canvassed in accordance with the Local Election Act. B. By June 15 of each ye…

In adopting and publishing rules for the election of supervisors and the registration of district voters, the commission may, to ensure proper representation of district voters and to facilitate district functions, provide for the geographic zoning of a district. The commission s…

Watershed districts may be formed as subdistricts of soil and water conservation districts in a watershed area, as provided in the Watershed District Act, for the purpose of developing and executing plans and programs relating to any phase of conservation of water, or of water us…

compensation. Within a reasonable time after each district election and after newly elected supervisors have completed the oath of office, the supervisors of a district shall organize and shall designate a chairman who shall be a supervisor and who shall serve at the pleasure of …

A. Supervisors may employ a secretary and other agents, employees and technical or professional experts as they require and may determine qualifications, compensation and duties applicable to any agent, employee or expert engaged. B. Supervisors shall require and provide for the …

A supervisor may be removed from office by the commission if it appears to the commission, after reasonable notice and impartial hearing, that the supervisor is guilty of misfeasance or malfeasance in office. The office of a supervisor who has missed three consecutive regular mee…

supervisors. Soil conservation districts created and organized under the provisions of the Soil Conservation District Law [repealed], and continued as soil and water conservation districts created and delineated by the Soil and Water Conservation District Act [73-20- 25 to 73-20-…

A "soil and water conservation district", organized under or perpetuated by the provisions of the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978], is a governmental subdivision of the state, a public body politic and corporate. By and through its supervi…

A district, by and through its supervisors, is authorized to: A. sue and be sued in the name of the district; B. adopt an official seal; C. contract, convey and make and execute other instruments and documents necessary or convenient to the exercise of district powers; D. borrow …

A. In the event a district is unable to meet or bear the expense of the duties imposed upon it by the Soil and Water Conservation District Act, the supervisors may adopt a resolution that, to be effective, shall be approved by referendum in the district and that shall provide for…

A levy approved by the voters of a district and authorized by the commission pursuant to Section 73-20-46 NMSA 1978 prior to July 1, 2018 shall continue to be assessed pursuant to the laws in effect at the time the levy was initially approved; provided that the aggregate of all l…

The supervisors of two or more soil and water conservation districts may cooperate with each other in the exercise of any district power. History: 1953 Comp., § 45-5-62, enacted by Laws 1965, ch. 137, § 21.

Agencies, instrumentalities and political subdivisions of this state having jurisdiction over or charged with the administration of public lands situate within the defined geographical area of any district shall cooperate to the fullest extent with the district's supervisors in e…

History: 1953 Comp., § 45-5-64, enacted by Laws 1965, ch. 137, § 23; 1977, ch. 254, § 74; 1997, ch. 137, § 10; repealed by Laws 2003, ch. 88, § 20.

The land area embraced in districts must be contiguous and must lie within a well- defined watershed area or subwatershed areas. The districts may embrace lands lying in one or more soil and water conservation districts, or lands lying partly within and partly outside a soil and …

When fifty or more landowners within a proposed watershed district, or twenty percent of the landowners within the proposed district, whichever is less, desire to form a watershed district, they shall file a petition with the board of supervisors. The petition shall define the bo…

If the proposed watershed district lies in more than one soil and water conservation district, the petition may be presented to the board of supervisors of any one of such districts and the supervisors of all such districts shall act as a joint board of supervisors in the formati…