Subject to the approval of the board of county commissioners, there is created the office of county flood commissioner in each county through which runs any river or stream which is subject to flood conditions destructive to property or dangerous to human life. County flood commissioners shall be appointed by the governor to serve for a term of two years, or until their successors are appointed and qualify, and they shall each receive a salary of one dollar ($1.00) a year payable from the county flood fund.
History: Laws 1921, ch. 163, § 1; C.S. 1929, § 33-5001; 1941 Comp., § 15-4701; 1953 Comp., § 15-50-1; Laws 1967, ch. 238, § 8.
Cross references. — For powers relating to flood and mud-slide hazard areas, see 3-18-7 NMSA 1978.
For flood control in municipalities, see 3-41-1 NMSA 1978 et seq.
For disaster relief emergency funds, see 6-7-1 to 6-7-3 NMSA 1978.
For oath and bond of county officers, see 10-1-13 NMSA 1978.
For the Arroyo Flood Control Act, see 72-16-1 NMSA 1978 et seq.
For the Las Cruces Arroyo Flood Control Act, see 72-17-1 NMSA 1978 et seq.
For the Flood Control District Act, see 72-18-1 NMSA 1978 et seq.
For the Southern Sandoval County Arroyo Flood Control Act, see 72-19-1 NMSA 1978 et seq.
Appointment of commissioner. — Appointment of a county flood commissioner is not subject to the approval of the county commissioners. The sole authority of the county commissioners in this regard is to approve the establishment of the office of county flood commissioner. Once such commissioners have exercised their discretion in approving the establishment of such an office, the sole power of appointment of a person to such office is then vested with the governor. 1960 Op. Att'y Gen. No. 60-134.
Cooperation with cities and federal government proper. — A county and a city can enter into an agreement to cooperate in sponsoring a flood control project, and counties and cities can cooperate with the federal government and seek aid under the Watershed Protection and Flood Prevention Act (16 U.S.C. § 1001 et seq.). 1963 Op. Att'y Gen. No. 63-82 (opinion rendered under former law).
Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of municipality or other governmental subdivision in connection with flood-protection measures. 5 A.L.R.2d 57.
52A C.J.S. Levees and Flood Control § 21.
Structure 2021 New Mexico Statutes
Section 4-50-1 - County flood commissioner; appointment; salary.
Section 4-50-2 - Tax levy; county flood fund; authority to borrow.
Section 4-50-3 - Inspection of rivers; construction of works; personnel; contracts for financing.
Section 4-50-4 - [Entry upon lands; damages; interference; misdemeanor; objections.]
Section 4-50-5 - Condemnation of property.
Section 4-50-6 - Limit on indebtedness; payment of expenses.
Section 4-50-7 - [Report to county commissioners.]
Section 4-50-8 - [Work in adjoining counties.]
Section 4-50-9 - [Expenditure of funds raised under prior law.]
Section 4-50-10 - [Emergency flood districts; establishment.]
Section 4-50-11 - [Emergency flood superintendent; appointment; qualifications.]
Section 4-50-12 - [Term, oath and bond of superintendent.]
Section 4-50-13 - Emergency flood workers.
Section 4-50-14 - [Service of notice, summons or calls for work; filing list.]
Section 4-50-15 - [Failure to work or pay; penalty; use of fine money.]