A. The court, upon receipt of the certified results of the election that a majority of the persons voting have voted in favor of creating the district, shall declare the district organized.
B. Thereupon, the district shall be a political subdivision of the state and a body corporate with all the powers of a public or municipal corporation. The district shall have power to sue and be sued, to incur debts, liabilities and obligations, to exercise the right of eminent domain and of taxation and assessment as provided in the Conservancy Act of New Mexico, to issue negotiable bonds, and to perform all acts necessary and proper for carrying out the purposes for which the district was created and for exercising the powers with which it is invested.
C. In its declaration, the court shall designate where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district, if practicable, and which may be changed by order of the court. The regular meetings of the board of directors shall be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established.
History: 1953 Comp., § 75-28-9, enacted by Laws 1965, ch. 76, § 5.
Repeals and reenactments. — Laws 1965, ch. 76, § 5, repeals 75-28-9, 1953 Comp., relating to declaration of organization of district, nature of district and contents of decree, and enacts the above section.
Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes to 73-14-1 NMSA 1978.
Cross references. — For form of decree, see Form II under 73-17-24 NMSA 1978.
Free license plates. — The middle Rio Grande conservancy district is a political subdivision of state and body corporate and is entitled to free license plates for its cars and trucks. 1932 Op. Att'y. Gen. No. 32-483 (rendered under former law).
Reports to be filed. — Conservancy districts are public bodies of the state and are required to file reports with the state comptroller (now state auditor). 1937 Op. Att'y Gen. No. 37-1784 (rendered under former law).
Granting of easements. — The state tax commission (now property tax division of taxation and revenue department) may grant easements for public purposes over tax deeded lands to the middle Rio Grande conservancy district. 1960 Op. Att'y Gen. No. 60-81 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319(2).
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.