Said bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property within the district and such real property shall be and remain liable to be assessed and taxed for such payments as herein provided.
Provided that any revenue derived by the district on account of the service charge over and above the amounts required for maintenance and operation of power plant or plants, ditches, canals and general overhead expenses of the district shall be considered "surplus" and covered into the bond fund of the district, and in the succeeding year the board of directors in making up an estimate of assessments to meet the interest on such bonds or the principal on such bonds as may become payable in such year shall take into account the money in said bond fund derived from such "surplus."
The service charges to the electors within the district shall be uniform. The primary object of the district being, the providing of power or fuel for pumping for irrigation purposes and it shall not be lawful to extend such service to points outside of such district except there be a surplus of power over and above the needs for irrigation purposes and other purposes within the district, but the board of directors are authorized to make reasonable contracts with the state of New Mexico, cities and towns, or other municipal corporations of said state and with other persons and corporations to supply such surplus power, if any, or to carry out the construction plans or other plans of organization of the district. Any district organized under this act [73-12-1 to 73-12-57 NMSA 1978] shall have the use of public highways, roads, streets and alleys in or outside such district to the extent needed to transmit power or fuel into the district, but such use shall be subject to the primary use of the public to such highways, streets and alleys and shall be under such reasonable conditions and restrictions as may be made by the board of county commissioners in the county in which the same are situated or of the board of trustees or of the city council of such towns and cities in which the same are situated. The said board of directors shall have power to construct, operate, lease and control plants for the generation, distribution, sale, lease and use of electric energy and to construct, operate, lease and control pipelines for the transmission of oil or gas to be used in connection with the purposes for which such district is organized.
History: Laws 1929, ch. 76, § 17; C.S. 1929, § 73-717; 1941 Comp., § 77-2417; 1953 Comp., § 75-25-17.
Cross references. — For excavation damage to underground utility lines, see 62-14-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 68.
94 C.J.S. Waters § 330.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 12 - Electrical Irrigation Districts
Section 73-12-1 - Majority of the resident freeholders may propose district.
Section 73-12-3 - Notice of hearing on petition to be published.
Section 73-12-4 - Petition hearing; objections; boundaries; election; appeals.
Section 73-12-5 - Notice of election; qualification of electors; election procedure.
Section 73-12-6 - Canvass of votes, by board of county commissioners.
Section 73-12-7 - Regular elections of district; oath of office and bond of directors.
Section 73-12-8 - Office of board; subsequent elections.
Section 73-12-9 - The election board; oath of judges; polls kept open.
Section 73-12-10 - Returns canvassed by board of directors.
Section 73-12-11 - Secretary to certify results of election to county clerk.
Section 73-12-16 - Sale of bonds; refunding bonds; use of bonds.
Section 73-12-19 - Duties of county assessor.
Section 73-12-20 - Board of county commissioners to fix rate per-acre levy.
Section 73-12-21 - Duties of county treasurer.
Section 73-12-22 - Revenue laws of state to govern; may refuse service to delinquents.
Section 73-12-23 - Construction and material contracts to be let to lowest bidder.
Section 73-12-26 - Right of eminent domain.
Section 73-12-27 - Compensation of board; members may not be interested in any contract.
Section 73-12-28 - Board of directors have no power to incur debt other than provided in this act.
Section 73-12-29 - Manner of distribution of power or water.
Section 73-12-30 - Prior water rights not affected.
Section 73-12-31 - Boundaries may be changed, but such change shall not affect obligations incurred.
Section 73-12-32 - Petition for inclusion of land.
Section 73-12-33 - Notice of application for inclusion of land to be published.
Section 73-12-34 - Hearing on petition for inclusion of land.
Section 73-12-35 - Terms on which lands may be included.
Section 73-12-37 - Board to transmit order and plat of new boundaries to county clerk.
Section 73-12-38 - Authority to sign petition of protest.
Section 73-12-39 - Board may redivide district for election purposes [after inclusion of land].
Section 73-12-40 - Land may be excluded from district.
Section 73-12-41 - Owner shall file petition for exclusion.
Section 73-12-42 - Publish notice of petition for exclusion.
Section 73-12-43 - Board shall consider petition for exclusion.
Section 73-12-44 - Board shall act on petition for exclusion.
Section 73-12-45 - Order making change and plat to be transmitted to county clerk.
Section 73-12-46 - Board may redivide district for election purposes [after exclusion of land].
Section 73-12-48 - District shall pay tax on gross revenue derived from sales of surplus power.
Section 73-12-49 - Petition for dissolution of district; election thereon.
Section 73-12-50 - Vote on dissolution to be canvassed.
Section 73-12-51 - Confirmation proceedings may be brought.
Section 73-12-52 - Petition to be filed in district court.
Section 73-12-53 - Court to fix time for hearing and publish notice thereof.
Section 73-12-54 - Provisions of Civil Code shall apply; effect of findings of court.
Section 73-12-55 - The court's findings of fact and conclusions of law; judgment res judicata.