The board of directors, to whom such petition is presented, may require as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as said petitioners or their grantors would have been required to pay to such district as assessment for the payment of their pro rata share of all bonds and interest thereon, which may have previously thereto been issued by said district, or for the payment of the pro rata share of the cost of construction under any contract between the district and the United States accompanying which bonds of the district have not been deposited with the United States as in this act provided, had such lands been included in such district at the time the same was originally formed or when said bonds were so issued, or when said contract with the United States was made; provided, that in case unentered public land is proposed to be annexed to the district the board of directors of the district instead of requiring such payment as a condition precedent, may assess such charges against such unentered public land upon the records of the district to be collected in the manner authorized by the said act of congress of August 11, 1916.
History: Laws 1919, ch. 20, § 38; C.S. 1929, § 73-139; 1941 Comp., § 77-2228; 1953 Comp., § 75-23-28.
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.
Cross references. — For the provisions of the Act of Congress of August 11, 1916, see 43 U.S.C. §§ 621 to 630, "An Act to Promote the Reclamation of Arid Lands.".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 70.
94 C.J.S. Waters § 332.
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.