New Mexico Statutes
Article 12 - Electrical Irrigation Districts
Section 73-12-35 - Terms on which lands may be included.

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 for their pro rata share of all bonds and the interest thereon which may have previously thereto be [been] issued by said district had such lands been included in such district at the time the same was originally formed or when said bonds were so issued; and said board may require such petitioners to pay for such further sums as the board may deem just on account of irrigation works or water rights paid for otherwise than by issue of bonds.
History: Laws 1929, ch. 76, § 35; C.S. 1929, § 73-735; 1941 Comp., § 77-2435; 1953 Comp., § 75-25-35.

Structure New Mexico Statutes

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 73-12-2 - Petition, where filed and contents; definition of term "resident freeholders"; security for costs.

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 73-12-12 - Organization of board, its powers, its duties; employment of engineers; rules and regulations; report on water supply and engineering plans; when bonds may be used in payment; when contracts must be ratified by electors; uniform ra...

Section 73-12-13 - Regular and special meetings of board; records of board to be kept open; rights-of-way; right to acquire oil or gas for power; title to property; exemption from taxation.

Section 73-12-14 - Acquire property and rights for district; actions in court; legality of organization of district presumed after one year.

Section 73-12-15 - Determining cost; bond election; notice; conduct; bond terms and conditions; subsequent issues.

Section 73-12-16 - Sale of bonds; refunding bonds; use of bonds.

Section 73-12-17 - How revenue raised to pay bonds; service charges within district to be uniform; may use highways.

Section 73-12-18 - Certifying requirements to board of county commissioners each year; county commissioners may act [; duties of county treasurer; delinquent accounts; special assessments; disbursements]

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 73-12-24 - Payment of claim; when warrants to issue; claims to be verified; record to be kept.

Section 73-12-25 - [Service charges to pay operation and maintenance; tax levy; employment of electrician or mechanic.]

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 73-12-36 - Action of board on petition to include land; order describing new boundaries; electors may protest.

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 73-12-47 - Supervision of electrical and mechanical appliances; schedules for use of power; regulations of quantity of water to be pumped.

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.

Section 73-12-56 - ["Electrical district" defined.]

Section 73-12-57 - Provisions of Chapter 20, Acts of 1925, relating to certification board, shall apply to this act.