The said board is hereby authorized and empowered to take conveyances or assurances for all property acquired by it under the provisions of this act in the name of such irrigation district to and for the purpose herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any of the rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits or proceedings the said board may sue, appear and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits and judicial proceedings in any court of this state of the organization and existence of any irrigation district of this state now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in Section 7 [73-10-8 NMSA 1978], and a certified copy of said order shall be prima facie evidence in all actions, suits and proceedings in any court of this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth; and any such irrigation district, in regard to which any such order has been heretofore or may hereafter be entered, and such certified copy thereof, so filed for record, and which has exercised or shall exercise rights and powers of such district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the formation or organization whereof shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conslusively [conclusively] deemed to be a legally and regularly organized, established and existing irrigation district within the meaning of this act and its due and lawful formation and organization shall not thereafter be questioned in any action, suit or proceeding whether brought under the provisions of this act or otherwise.
History: Laws 1919, ch. 20, § 16; C.S. 1929, § 73-117; 1941 Comp., § 77-2218; 1953 Comp., § 75-23-18.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — For the meaning of the term "this act", see compiler's notes to 73-10-1 NMSA 1978.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Section 73-10-2 - [Water users under community ditches; voting power unaffected.]
Section 73-10-4 - [Publications to be in English and Spanish.]
Section 73-10-5 - Boundaries set by petition; divisions; election call; officers.
Section 73-10-7 - Districts 25,000 acres or less; qualified electors.
Section 73-10-9 - [First election of directors; biennial elections thereafter.]
Section 73-10-10 - [Election of officers; oath; bonds of directors.]
Section 73-10-11 - [Office of directors; notice of election; judges; time and place.]
Section 73-10-12 - [Oaths of judges; opening and closing of polls; returns.]
Section 73-10-13 - Absent voting permitted.
Section 73-10-15 - [Statement of results; certificates of election; vacancy in office of director.]
Section 73-10-20 - [Legal status of irrigation district; conveyances; court proceedings.]
Section 73-10-21 - [Plan for construction; advertising for bids; contractors bonds.]
Section 73-10-22 - [Rights-of-way over private property; eminent domain; state lands.]
Section 73-10-24 - [Water supply inadequate; distribution on alternate days.]
Section 73-10-25 - [Preservation of prior rights.]
Section 73-10-26 - [Change of boundaries; effect; assent of secretary of the interior.]
Section 73-10-27 - [Petition for inclusion of additional lands.]
Section 73-10-29 - [Hearing on petition for including lands.]
Section 73-10-34 - Authorization to sign petition or protest.
Section 73-10-35 - [Redivision of district after addition of lands; election of directors.]
Section 73-10-36 - [Exclusion of lands; status of district unaffected.]
Section 73-10-37 - [Petition to exclude lands; description of lands; acknowledgment.]
Section 73-10-39 - [Hearing on petition for excluding lands; objections.]
Section 73-10-40 - [Order granting or denying petition for excluding land; protest of electors.]
Section 73-10-41 - [Petition for exclusion of land approved; filing order and new plat.]
Section 73-10-42 - [Redivision of district after exclusion of lands; election of directors.]
Section 73-10-43 - [Petition for dissolution of district; notice of election; ballots.]
Section 73-10-47 - [Employees' pensions; group insurance; employers' liability insurance.]
Section 73-10-49 - Special water users' association; certificate of organization.
Section 73-10-50 - Special water users' association; organizational status; officers.