New Mexico Statutes
Article 4 - Tort Claims
Section 41-4-13 - Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations.

All community ditches or acequias, and their public employees acting lawfully and within the scope of their duties, and all associations created pursuant to the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978] are excluded from the waiver of immunity of liability under Sections 41-4-6 through 41-4-12 NMSA 1978.
History: 1953 Comp., § 5-14-12.1, enacted by Laws 1977, ch. 386, § 10; 2006, ch. 54, § 1; 2006, ch. 55, § 1.
The 2006 amendment, effective May 17, 2006, provided that public employees of community ditches or acequias acting lawfully and within the scope of their duties are excluded from the waiver of immunity of liability and changed the statutory reference from Sections 5-14-6 through 5-14-12 NMSA 1953 to Sections 41-4-6 through 41-4-12 NMSA 1978.
Laws 2006, ch. 54, § 1 and Laws 2006, ch. 55, §1 enacted identical amendments to this section. The section was set out as amended by Laws 2006, ch. 55, §1. See 12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 57 Am. Jur. 2d Municipal, County, School, and State Tort Liability §§ 338 to 427.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 41 - Torts

Article 4 - Tort Claims

Section 41-4-1 - Short title.

Section 41-4-2 - Legislative declaration.

Section 41-4-3 - Definitions.

Section 41-4-4 - Granting immunity from tort liability; authorizing exceptions.

Section 41-4-5 - Liability; operation or maintenance of motor vehicles, aircraft and watercraft.

Section 41-4-6 - Liability; buildings, public parks, machinery, equipment and furnishings.

Section 41-4-7 - Liability; airports.

Section 41-4-8 - Liability; public utilities.

Section 41-4-9 - Liability; medical facilities.

Section 41-4-10 - Liability; health care providers.

Section 41-4-11 - Liability; highways and streets.

Section 41-4-12 - Liability; law enforcement officers.

Section 41-4-13 - Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations.

Section 41-4-14 - Defenses.

Section 41-4-15 - Statute of limitations.

Section 41-4-16 - Notice of claims.

Section 41-4-16.1 - Civil action; damages incurred while imprisoned; notice to victim.

Section 41-4-17 - Exclusiveness of remedy.

Section 41-4-18 - Jurisdiction; appeals; venue.

Section 41-4-19 - Maximum liability.

Section 41-4-20 - Coverage of risks; insurance.

Section 41-4-21 - Application of act.

Section 41-4-22 - Insurance fund.

Section 41-4-23 - Public liability fund created; purposes.

Section 41-4-24 - Consulting and claims adjusting contracts.

Section 41-4-25 - Public liability fund; municipal public liability fund; local public body participation; educational entity participation.

Section 41-4-26 - Home rule municipality tort claims ordinances; severability; applicability.

Section 41-4-27 - Home rule municipality; joint powers agreements; coverage.

Section 41-4-28 - Coverage for liability subject to foreign jurisdiction's law.

Section 41-4-29 - Governmental entities; health care students liability coverage; authority to purchase.

Section 41-4-30 - Liability coverage; certain community land grants.