In case the volume of water in any canal, reservoir or other works in any district shall not be sufficient to supply the continual wants of the entire district and susceptible of irrigation therefrom, then it shall be the duty of the board of directors to distribute all available water upon certain or alternate days to different localities, as they may in their judgment think best for the interests of all parties concerned.
Provided: that all water the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of congress, and rules and regulations of the secretary of interior and provisions of such contract in relation thereto.
History: Laws 1919, ch. 20, § 32; C.S. 1929, § 73-133; 1941 Comp., § 77-2222; 1953 Comp., § 75-23-22.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Duty of district held discretionary. — An irrigation district's duty to act under this section was discretionary rather than ministerial and consequently was not subject to mandamus. Brantley Farms v. Carlsbad Irrigation Dist., 1998-NMCA-023, 124 N.M. 698, 954 P.2d 763.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 49.
94 C.J.S. Waters § 310.
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.