The establishment of conservancy districts for the purposes and in the manner provided for in this act is hereby declared to be conducive to the public health, safety, convenience and welfare.
History: Laws 1927, ch. 45, § 101; C.S. 1929, § 30-101; 1941 Comp., § 77-2701; 1953 Comp., § 75-28-1.
Compiler's notes. — The term "this act" refers to the Conservancy Act, enacted by Laws 1927, ch. 45, the provisions of which are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978. Laws 1990, ch. 48, § 1 added 73-14-20.1 NMSA 1978 to the Conservancy Act. Laws 1939, ch. 148, defined the "Conservancy Act of New Mexico" as the Conservancy Act and defined other terms used in the Conservancy District-Reclamation Control Act, 73-18-24 NMSA 1978. Laws 1939, ch. 148, § 1 is compiled as 73-18-1 NMSA 1978.
Although the official short title of the Laws of 1927, ch. 45 is the "Conservancy Act of New Mexico", there are numerous references in Articles 14 through 18 of Chapter 73, NMSA 1978 to the "Conservancy Act". Section 73-18-1 NMSA 1978 of "The Conservancy District-Reclamation Control Act", Section 73-18-24 NMSA 1978, provided that for purposes of the "Conservation District-Reclamation Control Act", "Conservancy Act" includes the "Conservancy Act of New Mexico". This definition of "Conservancy Act" is limited to "The Conservancy District-Reclamation Control Act". See Laws 1939, ch. 148, § 1, presently compiled as 73-18-1 NMSA 1978. See also the compiler's note above for the sections included in the Conservancy Act of New Mexico.
Cross references. — For definitions of terms, see 73-14-3 and 73-18-1 NMSA 1978.
Constitutionality of including railroad right of way within conservancy district. — The inclusion of a strip of railroad right of way within an extension of a conservancy district created for purpose of irrigation and placing an ad valorem tax thereon was not invalid as a taking of the railroad's property without due process of law, as the benefits derived need not be direct or immediate, the legislature's determination that there is an enhancement in value being final, unless the method prescribed is one so arbitrary and unfair as to amount to an abuse of legislative power. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
When new conservancy district creation warranted. — The creation of a new conservancy district is warranted if its purposes are conducive to public health, safety, convenience and welfare. In re Sandia Conservancy Dist., 1953-NMSC-056, 57 N.M. 413, 259 P.2d 577.
Legislature may authorize ad valorem tax on real property in the conservancy district so long as the same is neither discriminatory nor confiscatory. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
For comment, "Attractive Nuisance - Liability of the United States for Accidental Drowning of Infant Trespassers in Middle Rio Grande Project Irrigation Ditches," see 10 Nat. Resources J. 137 (1970).
For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).
For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).
For article, "Middle Rio Grande Regional Water Resource Planning: The Pitfalls and the Promises," see 40 Nat. Resources J. 533 (2000).
For article, "A Reservoir Runs Through it: A Legislative and Administrative History of the Six Pueblos' Right to Store 'Prior and Paramount' Water at El Vado," see 47 Nat. Resources J. 733 (2007).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 95 to 98.
Formation and organization of conservancy districts, 69 A.L.R. 285.
94 C.J.S. Waters §§ 318, 319.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 14 - Conservancy Districts; Definitions; Organization and Management
Section 73-14-1 - Declaration.
Section 73-14-2 - Application.
Section 73-14-3 - Definition of terms.
Section 73-14-4 - Jurisdiction of the conservancy court.
Section 73-14-5 - Petition; place of filing; signatures; contents; land included.
Section 73-14-6 - Bond of petitioners.
Section 73-14-7 - Notice of hearing on petition.
Section 73-14-8 - Protesting petitions and hearing on petitions.
Section 73-14-10 - Notice of election; publication.
Section 73-14-11 - Form of ballot.
Section 73-14-12 - Conduct of election.
Section 73-14-13 - Declaration of organization.
Section 73-14-14 - Application of election law.
Section 73-14-15 - Hearing; declaration of organization; nature of district; contents of decree.
Section 73-14-16 - Filing order of incorporation.
Section 73-14-17 - Appointment of directors.
Section 73-14-19 - Boards of directors; membership; qualifications.
Section 73-14-20 - Definitions.
Section 73-14-20 - Definitions. (Effective July 1, 2022.)
Section 73-14-20.1 - Qualified elector list.
Section 73-14-20.1 - Qualified elector list. (Effective July 1, 2022.)
Section 73-14-21 - Board of directors; election; terms.
Section 73-14-22 - Board of directors; apportionment.
Section 73-14-23 - Suspension or removal.
Section 73-14-24 - Time and procedure for election.
Section 73-14-24 - Time and procedure for election. (Effective July 1, 2022.)
Section 73-14-25 - Declaration of candidacy; signatures of electors.
Section 73-14-25 - Declaration of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-26 - Designation of positions for purposes of election.
Section 73-14-28 - Election judges. (Repealed effective July 1, 2022.)
Section 73-14-28.1 - Election.
Section 73-14-28.1 - Election. (Effective July 1, 2022.)
Section 73-14-29 - Form of ballot. (Repealed effective July 1, 2022.)
Section 73-14-30 - Election expenses.
Section 73-14-31.1 - Absentee ballot application. (Repealed effective July 1, 2022.)
Section 73-14-31.3 - Absentee-early voting; electioneering. (Repealed effective July 1, 2022.)
Section 73-14-33 - Organization of the board of directors.
Section 73-14-35 - Employment of agents.
Section 73-14-36 - Preparation of plans.
Section 73-14-37 - Powers to execute improvement plans [; facilities for recreation and research]
Section 73-14-38 - Access to land.
Section 73-14-39 - General powers.
Section 73-14-40 - Letting contracts.
Section 73-14-41 - Dominant right of eminent domain.
Section 73-14-42 - Condemnation under general law.
Section 73-14-43 - Regulations to protect works.
Section 73-14-44 - Removal of structures.
Section 73-14-45 - Passing equipment through bridge or grade.
Section 73-14-46 - Surveys and investigations [; flood warning service]
Section 73-14-47 - The use of water.
Section 73-14-48 - General grant of power.
Section 73-14-49 - Declaration of policy.
Section 73-14-50 - Distribution of irrigation waters.
Section 73-14-51 - Rules and regulations.
Section 73-14-52 - Enforcement.
Section 73-14-55 - [Boards of directors; membership; qualifications.]
Section 73-14-55 - Boards of directors; membership; qualifications. (Effective July 1, 2022.)
Section 73-14-56 - [Election of board members.]
Section 73-14-57 - Definition of "qualified electors".
Section 73-14-58 - [Six-year terms; vacancies; organization of board; transfer of property.]
Section 73-14-58 - Terms; vacancies. (Effective July 1, 2022.)
Section 73-14-59 - [Suspension or removal of directors.]
Section 73-14-60 - [Board empowered to fill vacancies.]
Section 73-14-61 - Notice of candidacy; signatures of electors.
Section 73-14-61 - Notice of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-62 - [Time, place and procedure for election.]
Section 73-14-62 - Time, place and procedure for election. (Effective July 1, 2022.)
Section 73-14-64 - [Conduct of election; procedure.] (Repealed effective July 1, 2022.)
Section 73-14-66 - [Election expenses; payment; levy of tax.]
Section 73-14-67 - [Election violations; penalty.]
Section 73-14-68 - Audit of district records; levy.
Section 73-14-69 - Application of provisions of act.
Section 73-14-70 - Applicability of act.
Section 73-14-71 - Definition of "qualified elector.".
Section 73-14-72 - Board of directors; powers; election; terms.
Section 73-14-73 - Elections; when held.
Section 73-14-73 - Elections. (Effective July 1, 2022.)
Section 73-14-74 - Eligibility of district to hold election.
Section 73-14-74 - Eligibility of district to hold election. (Effective July 1, 2022.)
Section 73-14-75 - Election of first board of directors.
Section 73-14-76 - Vacancies on board; how filled.
Section 73-14-77 - Suspension or removal of board members.
Section 73-14-78 - Notice of candidacy; signatures of electors.
Section 73-14-78 - Notice of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-79 - Designation of board members for purposes of election.
Section 73-14-81 - Election judges. (Repealed effective July 1, 2022.)
Section 73-14-82 - Election; form of ballot. (Repealed effective July 1, 2022.)
Section 73-14-83 - Election; polls; opening and closing times. (Repealed effective July 1, 2022.)
Section 73-14-84 - Election; procedure. (Repealed effective July 1, 2022.)
Section 73-14-86 - Election; canvass; certificates of election. (Repealed effective July 1, 2022.)
Section 73-14-87 - Election expense.
Section 73-14-88 - Election violations; penalty.
Section 73-14-89 - Penalty; false voting.
Section 73-14-90 - Unlawful possession of absentee ballot material; penalty.
Section 73-14-91 - Unlawful opening of ballot box; penalty.
Section 73-14-92 - Falsifying an election document; penalty.