Wherever any artesian conservancy district has heretofore been organized or may hereafter be organized, under and pursuant to Chapter 97 of the New Mexico Session Laws of 1931 [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978], or amendments thereto, such conservancy district may be given the same rights, power and authority as to all underground waters within the boundaries of such conservancy district as have been or may hereafter be conferred upon such district by said legislative act, and amendments thereto, as to artesian waters; provided, however, the boundaries of such underground waters have been reasonably ascertained and the same, or a substantial portion thereof, have been beneficially appropriated for private, public, domestic or irrigation purposes and are subject to appropriation, as provided by Chapter 131 of the New Mexico Session Laws of 1931 [72-12-1 to 72-12-10 NMSA 1978], or amendments thereto, and provided further it is determined that said underground waters, or a substantial portion thereof, are derived from the artesian basin, or basins, included, or to be included in such district, and that the same are so closely related to such artesian waters that they can be effectively conserved by said district.
History: Laws 1941, ch. 98, § 1; 1941 Comp., § 77-1322; 1953 Comp., § 75-13-22.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 89, 92, 151.
93 C.J.S. Waters §§ 89, 92.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 1 - Artesian Conservancy Districts
Section 73-1-1 - [Purpose of districts.]
Section 73-1-2 - [Lands included in district; two or more artesian basins in one district.]
Section 73-1-3 - [Petition; signers; contents of petition.]
Section 73-1-4 - [Correction of errors in petition.]
Section 73-1-5 - [More than one petition for same district.]
Section 73-1-6 - Signing of petition.
Section 73-1-7 - [Tax roll as prima facie evidence of property ownership and value.]
Section 73-1-8 - [Bond; sufficiency; failure to execute additional bond when required.]
Section 73-1-9 - [Hearing; time and place; publication of notice.]
Section 73-1-10 - [Filing of objections; hearing as advanced cause.]
Section 73-1-12 - Recording of findings and decree; fees.
Section 73-1-14 - [Inclusion of additional lands after extension of basin boundaries.]
Section 73-1-15 - [District court procedure; notice.]
Section 73-1-16 - [Directors; term of office; vacancies on board.]
Section 73-1-17 - [Board of directors; oath of office; officers; seal; records; bylaws.]
Section 73-1-18 - [Majority to constitute quorum; concurrence of majority.]
Section 73-1-19 - [Secretary; duties; board of directors; powers; expenses.]
Section 73-1-20 - [Program of water conservation; prevention of leaking wells.]
Section 73-1-21 - Tax roll based on needed improvements; limitation.
Section 73-1-22 - Assessment and collection; levy to be property lien; time of payment.
Section 73-1-23 - [Loans in anticipation of taxes; repayment.]
Section 73-1-24 - [Underground waters.]
Section 73-1-26 - [Right of conservancy district to protest interference; appeal to district court.]