Chapter 73, Chapter 73

In any and every case where a notice is provided for in this act, if the court finds any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case or…

All cases in which there may arise a question of the validity of the organization of a district, or a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. Th…

This act being necessary to secure and preserve the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes. History: 1941 Comp., § 77-3431, enacted by Laws 1943, ch. 80, § 31; 1953 Comp., § 75-18-31.

No part of this act shall repeal or affect any other act or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objects, and not an exclusive one. History: 1941 Comp., § 77-3432, enacted by Laws 1943, ch. 80, § 33; 1953 Comp., § …

joint revenue bonds. A. Whenever the board of a district shall, by resolution, determine that interest or necessity requires the acquisition, construction, repair, extension, improvement or betterment of a water system, sewer system or other fee-for-service system, districts are …

A. Revenue bonds issued under the provisions of the Water and Sanitation District Act shall bear interest at not to exceed six percent per year, payable annually or semiannually, shall be payable at the option of the district, at the end of ten years from the date thereof; and du…

The board of a district issuing revenue bonds under the provisions of the Water and Sanitation District Act may authorize the issuance of the bonds by resolution adopted by the affirmative vote of two-thirds of all the members of the board at a regular or special meeting called f…

It is declared that revenue bonds, issued under the provisions of the Water and Sanitation District Act, except for those general obligation bonds described in Section 73-21-43 NMSA 1978, shall not be considered to be general obligations of the district issuing them and shall be …

As used in the Water and Sanitation District Act: A. "board" means the board of directors of a district; B. "district" means a water and sanitation district that is established pursuant to the Water and Sanitation District Act and that is either entirely within or partly within a…

The board of each district issuing revenue bonds under the provisions of the Water and Sanitation District Act shall establish rates or fees for services rendered by the district utility systems to create an income sufficient to pay all reasonable expenses of operation and create…

Whenever under the provisions of the laws of this state a district obtains money or credits from the issuance of its bonds or other evidence of indebtedness for the purpose of the purchase, construction or extension or repair of district utilities in the district, it shall be unl…

The members of any board and any officer or agent of any district violating the provisions of the Water and Sanitation District Act shall be deemed guilty of a misdemeanor and upon conviction in the district court shall be subject to a fine not to exceed five hundred dollars ($50…

All districts previously created under the provisions of the Water and Sanitation District Act and all proceedings previously taken by the districts, including any elections that may have been held in the districts on the question of the issuance of bonds and that have carried, a…

A district may sell or otherwise dispose of all or any part of its water facilities, sewer facilities or both, including both real and personal property, without an election. A sale or other disposition of district facilities shall be authorized by resolution adopted by the affir…

A. Any bonds issued by any district may be refunded in the name of the district issuing the bonds being refunded without an election by the district issuing them or any successor bonds. B. The issuance of refunding bonds shall be to: (1) refund, pay and discharge all or any part …

No bonds shall be refunded under the Water and Sanitation District Act unless the bonds either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds, or unless the holders of them voluntarily surrender them…

A. The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds being refunded or be placed in escrow in a commercial bank or trust company, either a state or national banking institution that possesses and is exercising trust powers, that is…

Refunding bonds shall bear interest payable annually or semiannually, and the refunding bonds shall be due and payable either as term or serial bonds as determined by the board; provided that no refunding bond shall mature more than twenty-five years from the date of the refundin…

Bonds for refunding one or more issues originally authorized for one or more purposes and bonds for any other purpose authorized in the Water and Sanitation District Act may be issued separately or issued in combination in one series or more by any district. Bonds payable solely …

Subject to the procedures set forth in the Special District Procedures Act [Chapter 4, Article 53 NMSA 1978], where applicable, the district court sitting in and for any county in this state may establish districts which may be entirely within or partly within and partly without …

For the purpose of paying the principal of, any interest on or any prior redemption premium in connection with, any of the district's general obligation refunding bonds, the board may levy and collect general ad valorem taxes on and against all taxable property within the distric…

Except as otherwise provided in Sections 73-21-45 through 73-21-50 NMSA 1978, as hereafter amended from time to time, the limitations appertaining to the issuance and the terms and conditions of refunding bonds shall be the same as those provided in Sections 73-21-1 through 73-21…

The local government division of the department of finance and administration shall approve all budgets of water and sanitation districts and shall from time to time review fiscal policies of such districts and report to the legislature and the governor any actions or policies of…

Proceeds from any bonds issued pursuant to the provisions of the Water and Sanitation District Act shall not be used by the board on any project constructed in fulfillment or partial fulfillment of requirements made of a subdivider by the provisions of the Land Subdivision Act [4…

The determination of the board that the limitations under Sections 73-21-45 through 73-21-51 NMSA 1978, as hereafter amended from time to time, imposed upon the issuance of refunding bonds have been met, shall be conclusive in the absence of fraud to the contrary. History: 1953 C…

regulation. A. Any district organized under the provisions of the Water and Sanitation District Act may elect by resolution adopted by its board of directors to become subject to the jurisdiction of the public regulation commission and to the terms and provisions of the Public Ut…

A. The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction in a county in which all or part of the real property in the proposed district is situated. The petition shall be signed by not less than twen…

At the time of filing the petition or at any time subsequent to it and prior to the time of hearing on the petition, a bond shall be filed, with security approved by the court, sufficient to pay all expenses connected with the proceedings in case the organization of the district …

Upon approval of the county special district commission as provided in the Special District Procedures Act [Chapter 4, Article 53 NMSA 1978], where applicable, the court shall fix a place and time, not less than twenty days nor more than forty days after receipt of the decision o…

A. At any time after the filing of the petition for the organization of a district and before the day fixed for the hearing on it, the owner of any taxable property within the proposed district may file a petition with the court stating reasons why the property should not be incl…

This act [73-22-1 to 73-22-5 NMSA 1978] may be cited as the "New Mexico Wind Erosion Act, 1955." To prevent damage to and loss of topsoils essential to the growing of agricultural crops and forage for livestock and to promote the general welfare of the people of the state of New …

districts. A. Freeholders owning in the aggregate in any county 25 percent of the total land area thereof may petition the board of county commissioners for the establishment of a wind erosion district coextensive with the boundaries of the county. Resident entrymen of federal pu…

election. A. The board of county commissioners shall, after an election has been ordered as provided in Section 2B [73-22-2B NMSA 1978] of this act, cause notice, embodying the order in substance, signed by the chairman of such board and attested by the clerk thereof, to be issue…

Whenever a wind erosion district is established under this act [73-22-1 to 73-22-5 NMSA 1978], the board of county commissioners shall be the governing body of such district. The district attorney of the county shall be the legal advisor to the governing body and the county treas…

district. A. When a complaint in writing is filed with the governing body by any freeholder of the district or his duly authorized agent, complaining that his lands are being damaged by the effects of wind erosion on lands of an adjoining freeholder and after investigation, it ap…

The provisions of this act [73-24-1 to 73-24-4 NMSA 1978] may be cited as the "Joint Flood and Drainage Planning Assessments Act". History: Laws 1992, ch. 90, § 1.

A. There is no mechanism for ensuring that flood and drainage planning assessments performed by flood control districts and conservancy districts are coordinated so as to ensure that conflicts in evaluation and planning for the needs of those districts are minimized and that publ…

As used in the Joint Flood and Drainage Planning Assessments Act: A. "planning assessment" means any study, analysis, plan, survey or review of the need for, costs or feasibility of, alternatives to or locations for facilities owned or operated by a flood control district or a co…

In addition to any other requirements imposed by law, flood control districts and conservancy districts that operate in overlapping or adjoining districts shall perform joint flood and drainage planning assessments to ensure and promote coordination of evaluation and planning for…

Chapter 73, Article 25 NMSA 1978 may be cited as the "Regional Transit District Act". History: Laws 2003, ch. 65, § 1; 2009, ch. 57, § 1.

A board may invest or deposit funds in accordance with the prudent investor rule set forth in the Uniform Prudent Investor Act [45-7-601 to 45-7-612 NMSA 1978]. The board may employ investment management services to invest the funds and may pay reasonable compensation for investm…

The income or other revenues of a district, all properties at any time owned by a district, all bonds issued by a district and the income from the bonds issued by a district are exempt from taxation in the state. History: Laws 2003, ch. 65, § 11.

A district may cooperate with a person to: A. accept legitimate contributions or liens securing obligations of the district from the person with respect to the financing, construction, operation or maintenance of a regional transit system and, in connection with a loan or advance…

A governmental unit, for the purpose of aiding the financing, construction, operation or maintenance of a regional transit system, may: A. sell, lease, loan, donate, grant, convey, assign, transfer and otherwise dispose to the district real or personal property or interests there…

A. At least forty-five days prior to a meeting at which the board shall consider or take action on a proposal to request, establish, increase or decrease a rate, toll, fee or charge, the board shall deliver written notice of the meeting and proposal to a governmental unit where t…

A. At least forty-five days prior to the imposition of or an increase in a rate, toll, fee or charge or prior to the issuance of bonds as authorized in the Regional Transit District Act, a notice specifying the amount of the fee, toll, rate or charge and its proposed duration or …

A district has no direct taxation authority. History: Laws 2003, ch. 65, § 16.

A. After the creation of a district, a governmental unit adjacent to but not part of that district may join the district and determine the territorial area to become a part of that district. A two-thirds affirmative vote by the board shall be required before the governmental unit…

The local government members of a combination shall match at least one dollar ($1.00) for every four dollars ($4.00) provided by the state. Before a district is able to receive state matching funds, it must be certified by the commission pursuant to Section 4 [73-25-4 NMSA 1978] …

enforcement officers; powers and duties of officers. A. A district that operates a commuter rail service may employ commuter rail service law enforcement officers for the district and assign duties to the officers. B. At all times while on duty, commuter rail service law enforcem…