Chapter 72, Article 16 NMSA 1978 may be cited as the "Arroyo Flood Control Act".
History: 1953 Comp., § 75-36-1, enacted by Laws 1963, ch. 311, § 1; 2018, ch. 79, § 101.
Cross references. — For municipalities, authority to protect against flood, see Chapter 3, Article 41 NMSA 1978.
For flood control generally, see Chapter 4, Article 50 NMSA 1978.
For applicability of conservancy districts act, see 73-14-2 NMSA 1978.
The 2018 amendment, effective July 1, 2018, changed "This act" to "Chapter 72, Article 16 NMSA 1978".
This act does not deprive owners of their property without due process of law, nor does it deny them the equal protection of the law. Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Boundaries of flood control authority were not arbitrarily and capriciously fixed by the legislature nor does this act contravene the due process clause. Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Fact some residents receive more benefit than others. — Under this section, the fact that there may be residents or property owners in some portions of the area who receive a greater benefit than others, or that some actually receive no benefit from the improvements and are in no apparent danger of damage from floods, cannot stand in the way of a general governmental policy declared by the legislature in the interest of the public welfare and benefit. Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
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. — 50 Am. Jur. 2d Levees and Flood Control §§ 1, 2.
Structure New Mexico Statutes
Article 16 - Albuquerque Metropolitan Arroyo Flood Control
Section 72-16-1 - Short title.
Section 72-16-2 - Legislative declaration.
Section 72-16-3 - Decision of board or governing body final.
Section 72-16-4 - Definitions.
Section 72-16-5 - Creation of authority.
Section 72-16-6 - Boundaries of authority.
Section 72-16-7 - Provision for remonstrances.
Section 72-16-8 - Board of directors.
Section 72-16-9 - Appointment of first board.
Section 72-16-10 - Election of directors.
Section 72-16-11 - Nomination of directors.
Section 72-16-12 - Filling vacancies on board.
Section 72-16-13 - Organizational meetings.
Section 72-16-14 - Board's administrative powers.
Section 72-16-15 - Records of board.
Section 72-16-16 - Meetings of board.
Section 72-16-16.1 - Joint powers agreement authorized.
Section 72-16-17 - Compensation of directors.
Section 72-16-18 - Interest in contracts and property disqualifications.
Section 72-16-19 - Flood control system; hearings thereon.
Section 72-16-20 - Implementing powers.
Section 72-16-21 - Protection of property rights.
Section 72-16-22 - Additional powers of the authority.
Section 72-16-23 - Levy and collection of taxes.
Section 72-16-24 - Levies to cover deficiencies.
Section 72-16-25 - Sinking fund.
Section 72-16-26 - Manner of levying and collecting taxes.
Section 72-16-27 - Delinquent taxes.
Section 72-16-35 - Dissolution of authority.
Section 72-16-36 - Filing of dissolution resolution.
Section 72-16-37 - Disposition of property, funds and taxes of authority.
Section 72-16-38 - Powers of public bodies.
Section 72-16-39 - Effect of extraterritorial functions.
Section 72-16-40 - Forms of borrowing.
Section 72-16-41 - Issuance of notes.
Section 72-16-42 - Issuance of warrants.
Section 72-16-43 - Maturities of notes and warrants.
Section 72-16-44 - Issuance of bonds and incurrence of debt.
Section 72-16-45 - Issuance of temporary bonds.
Section 72-16-46 - Issuance of interim debentures.
Section 72-16-47 - Payment of securities.
Section 72-16-48 - Additionally secured securities.
Section 72-16-49 - Pledge of revenues.
Section 72-16-50 - Ranking among different issues.
Section 72-16-51 - Ranking among securities of same issue.
Section 72-16-52 - Payment recital in securities.
Section 72-16-53 - Incontestable recital in securities.
Section 72-16-54 - Limitations upon payment of securities.
Section 72-16-55 - Limitations upon incurring any debt.
Section 72-16-56 - Security details.
Section 72-16-57 - Capitalization of costs.
Section 72-16-58 - Other security details.
Section 72-16-59 - Reissuance of securities.
Section 72-16-60 - Negotiability.
Section 72-16-61 - Single bonds.
Section 72-16-62 - Lost or destroyed securities.
Section 72-16-63 - Execution of securities.
Section 72-16-64 - Interest coupons.
Section 72-16-65 - Facsimile signatures.
Section 72-16-66 - Facsimile seal.
Section 72-16-67 - Signatures of predecessors in office.
Section 72-16-68 - Facsimile signatures of predecessors.
Section 72-16-69 - Repurchase of securities.
Section 72-16-70 - Customary provisions.
Section 72-16-71 - Sale of securities.
Section 72-16-72 - Sale discount or commission prohibited.
Section 72-16-73 - Application of proceeds.
Section 72-16-74 - Use of unexpended proceeds.
Section 72-16-75 - Validity unaffected by use of proceeds.
Section 72-16-76 - Covenants in security proceedings.
Section 72-16-77 - Remedies of security holders.
Section 72-16-78 - Limitations upon liabilities.
Section 72-16-79 - Cancellation of paid securities.
Section 72-16-80 - Interest after maturity.
Section 72-16-81 - Refunding bonds.
Section 72-16-82 - Method of issuance.
Section 72-16-83 - Limitations upon issuance.
Section 72-16-84 - Use of refunding bond proceeds.
Section 72-16-85 - Payment of refunding bonds.
Section 72-16-86 - Combination of refunding and other bonds.
Section 72-16-87 - Supplemental provisions.
Section 72-16-88 - Board's determination final.
Section 72-16-89 - Issuance of interim debentures and pledge of bonds as collateral security.
Section 72-16-90 - Interim debentures not to be extended.
Section 72-16-92 - Publication of resolution or proceedings.
Section 72-16-93 - Failure to contest legality constitutes bar.
Section 72-16-94 - Confirmation of contract proceedings.
Section 72-16-95 - Review and judgment of court.
Section 72-16-96 - Purpose of tax exemptions.
Section 72-16-97 - Property exempt from general taxes.
Section 72-16-98 - Securities and income therefrom exempt.
Section 72-16-99 - Freedom from judicial process.
Section 72-16-100 - Resort to judicial process.
Section 72-16-101 - Legal investments in securities.