This act being necessary to secure and preserve the public health, safety, convenience and welfare, and being necessary for the prevention of great loss of life, and for the security of public and private property from floods and other uncontrolled waters, it shall be liberally construed to effect the purposes of this act.
History: Laws 1927, ch. 45, § 906; C.S. 1929, § 30-906; 1941 Comp., § 77-3020; 1953 Comp., § 75-31-20.
Compiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.
Absence of provisions reposing management in property-owners not unconstitutional. — The absence of provisions reposing the management of the conservancy district in the property-owners does not violate any constitutional provision. This is a general law (Laws 1927, ch. 45) and not special or class legislation. Gutierrez v. Middle Rio Grande Conservancy Dist., 1929-NMSC-071, 34 N.M. 346, 282 P. 1, cert. denied, 280 U.S. 610, 50 S. Ct. 158, 74 L. Ed. 653 (1930).
Raising of constitutional questions. — Questions involving the constitutionality of the act (Laws 1927, ch. 45) cannot be considered unless raised in the court below. Cater v. Sunshine Valley Conservancy Dist., 1928-NMSC-061, 33 N.M. 583, 274 P. 52.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 17 - Conservancy Districts; General Provisions
Section 73-17-1 - Lands in more than one district.
Section 73-17-2 - Union of districts.
Section 73-17-3 - Subdistricts.
Section 73-17-4 - District protection.
Section 73-17-5 - Prohibition of injury to survey marks [; field notes are district property]
Section 73-17-6 - Liability for damages.
Section 73-17-7 - Penalty for fraud.
Section 73-17-8 - Removal of officials for cause.
Section 73-17-9 - Remedy by mandamus.
Section 73-17-10 - Cooperation with United States government or other agencies.
Section 73-17-11 - Board to secure cooperation.
Section 73-17-12 - Interference with state and federal rights.
Section 73-17-13 - Federal [or state] appropriations.
Section 73-17-14 - State lands.
Section 73-17-15 - Correction of faulty notices.
Section 73-17-16 - Early hearings.
Section 73-17-17 - Appeals shall not delay proceedings.
Section 73-17-18 - Remedy for injury by a district.
Section 73-17-19 - Short forms and abbreviations.
Section 73-17-20 - Liberal construction.
Section 73-17-21 - Prescription and adverse possession.
Section 73-17-22 - Property, title, tax exempt.