A. Where necessary, in order to secure the best results from the execution and operation of the plans of the district, and to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any natural or artificial watercourse therein, the board may make regulations for and may prescribe the manner of building bridges, roads, highways, or fences or other works in, into, along or across any channel, natural or artificial watercourse, reservoir or other construction; and may prescribe the manner in which ditches or other works shall be adjusted to or connected with the works of the district or any watercourse therein; and when not in conflict with the regulations of the state board of health [department of health], may prescribe the manner in which the watercourses of the district may be used for sewer outlets or for disposal of waste.
B. The construction of any works in a manner harmful to the district or to any watercourse therein, and in a manner contrary to that specified by the board, shall be a misdemeanor, punishable by a fine of not more than one thousand ($1,000) dollars.
C. The board shall have authority to enforce by mandamus or other legal proceedings all necessary regulations, made by it and authorized by this act, and may remove any harmful construction or may close any opening improperly made. Any person or public corporation wilfully failing to comply with such regulations shall be liable for all damage caused by such failure, and for the cost of renewing any construction damaged or destroyed.
History: Laws 1927, ch. 45, § 312; C.S. 1929, § 30-312; 1941 Comp., § 77-2722; 1953 Comp., § 75-28-22.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 provided that references to the state board of health shall be construed as references to the department of health.
Compiler's notes. — For the meaning of "this act", see compiler's notes to 73-14-1 NMSA 1978.
Cross references. — For mandamus, see 44-2-1 to 44-2-14 NMSA 1978.
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.