New Mexico Statutes
Article 18 - Conservancy Districts; Reclamation Contracts
Section 73-18-9 - District treasurer; county treasurers; assessors; duties; accounts; collection and disposition of assessments.

A. The district treasurer of a contracting district and the county treasurer of each county in which is located any part of a contracting district shall, in connection with assessments, levies and collections made as authorized under The Conservancy District-Reclamation Contract Act, keep a district bond fund account, a district contract fund account, a district operation and maintenance fund account and a district general fund account. The proceeds of the assessment collected shall be deposited into the respective funds:
(1) the bond fund shall consist of all money collected for principal and interest on the bonds issued by the district;
(2) the district contract fund shall consist of all money received from assessments levied to provide for payment to the United States, including funds for operation and maintenance required to be paid to the United States under any reclamation contract;
(3) the operation and maintenance fund shall consist of all money received on account of operation and maintenance of the irrigation and drainage system, except money to be paid to the United States pursuant to any contract; and
(4) the general fund shall consist of all money received on account of current and miscellaneous expenses not to be deposited into any other of the funds.
B. It is the duty of the district treasurer to collect and receipt for all per acre assessments levied as provided in The Conservancy District-Reclamation Contract Act in accordance with the resolutions and orders of the board of directors of the district. It is the duty of each of the county treasurers to collect and receipt for all ad valorem assessments levied in the same manner and at the same time as is required in the receipt for and collection of taxes upon real estate for county purposes and on the first Monday of each month to remit to the district treasurer money previously collected or received by him on account of the district, including penalties and interest on ad valorem assessment delinquencies.
C. The district treasurer shall pay out of the bond fund when due the interest and principal of the bonds of the district at the time and place specified in the bonds. The district treasurer shall pay out of the contract fund all payments as they become due to the United States under a reclamation contract at the time and in the manner provided in the contract. The district treasurer shall pay out of the operation and maintenance fund only upon warrants signed by the president and countersigned by the secretary of the district, directed to the party or parties as are due payments for operating and maintaining the irrigation and drainage systems. The district treasurer shall pay out of the general fund only upon orders signed by the president and countersigned by the secretary of the district.
D. The district treasurer on the fifteenth day of each month shall report to the board of directors of the district the amount of money in hand to the credit of the respective funds as provided in this section. All such district taxes collected and paid to the county treasurers shall be received by the treasurers in their official capacity, and they shall respectively be responsible for the safekeeping, disbursement and payment of them the same as for other money collected by them as treasurers.
E. Payment of ad valorem assessments levied pursuant to The Conservancy District-Reclamation Contract Act may be received and receipted for by the county treasurer either together with or separately from taxes upon real estate for state and county purposes.
F. The county assessor of each county embracing any part of the district shall from time to time as the same may be requested by or on behalf of the board of directors of the district furnish abstracts or copies of ad valorem assessments rolls pertaining to property situated in the district. Upon receipt of a certified copy of resolution of the board of directors making the annual levy of district ad valorem assessments, the county assessor shall certify and extend the assessment and levy upon the assessment rolls.
History: Laws 1939, ch. 148, § 9; 1941 Comp., § 77-3109; Laws 1949, ch. 75, § 1; 1953 Comp., § 75-32-9; 1995, ch. 75, § 2.
The 1995 amendment, effective June 16, 1995, subdivided Subsection A to form Paragraphs (1) to (4), added "including penalties and interest on ad valorem assessment delinquencies" at the end of Subsection B, and substituted "The Conservancy District-Reclamation Act" for "this Act", "deposited" for "covered", "money" for "moneys", and made minor stylistic changes throughout the section.
Applicability. — Laws 1995, ch. 75, § 3 made the provisions of the act applicable to penalties and interest collected in the 1994 and subsequent property tax years.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 61, 67, 70.
94 C.J.S. Waters §§ 320, 322, 332.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 73 - Special Districts

Article 18 - Conservancy Districts; Reclamation Contracts

Section 73-18-1 - Definition of terms.

Section 73-18-2 - Additional powers; duties of board; contract indebtedness a general obligation.

Section 73-18-3 - Contract procedure inapplicable.

Section 73-18-4 - Plan of works.

Section 73-18-5 - When certain provisions to apply; general obligation.

Section 73-18-6 - Classification of real property.

Section 73-18-6.1 - Reclassification of property in certain districts.

Section 73-18-7 - Apportionment.

Section 73-18-7.1 - Assessment; modification; certain districts.

Section 73-18-8 - Assessments; appeals.

Section 73-18-8.1 - Assessments; appeals; certain districts.

Section 73-18-9 - District treasurer; county treasurers; assessors; duties; accounts; collection and disposition of assessments.

Section 73-18-9.1 - County treasurers; district treasurers; certain districts; collection and disposition of assessments.

Section 73-18-10 - Lien of assessments.

Section 73-18-11 - State lands; public lands.

Section 73-18-12 - Land disposal contracts authorized.

Section 73-18-13 - Water applications.

Section 73-18-14 - Tolls and charges; advance payment; omitted property.

Section 73-18-15 - Distribution of water supply.

Section 73-18-16 - Use of district funds to pay contract indebtedness.

Section 73-18-17 - Removal of structures; passing equipment through bridge or grade and other powers.

Section 73-18-18 - Cumulative rights and remedies.

Section 73-18-19 - Change in organization or boundaries of district.

Section 73-18-20 - Proceedings to determine validity.

Section 73-18-21 - Contracts validated.

Section 73-18-22 - Scope of act.

Section 73-18-23 - [Repeal.]

Section 73-18-24 - Designation of act.

Section 73-18-25 - Conservancy districts to which act applies.

Section 73-18-26 - Division of district into election precincts.

Section 73-18-27 - Calling of first election.

Section 73-18-27 - Elections. (Effective July 1, 2022.)

Section 73-18-28 - Director-at-large and municipal director.

Section 73-18-28 - Director-at-large and municipal director; qualified elector list. (Effective July 1, 2022.)

Section 73-18-29 - Conservancy district board; how constituted.

Section 73-18-30 - Qualifications of electors.

Section 73-18-31 - Ownership.

Section 73-18-32 - Voting rights.

Section 73-18-33 - Qualifications of directors.

Section 73-18-33 - Qualifications of directors. (Effective July 1, 2022.)

Section 73-18-34 - Becoming a candidate for director.

Section 73-18-34 - Becoming a candidate for director. (Effective July 1, 2022.)

Section 73-18-35 - Term of office for director.

Section 73-18-35 - Term of office for director. (Effective July 1, 2022.)

Section 73-18-36 - Compensation of directors.

Section 73-18-37 - Notice of election. (Repealed effective July 1, 2022.)

Section 73-18-38 - Forms and regulations. (Repealed effective July 1, 2022.)

Section 73-18-39 - Secretary and district board to put into effect canvass of election returns. (Repealed effective July 1, 2022.)

Section 73-18-40 - Abolishment of appointed board; creation of elective board; powers and duties. (Repealed effective July 1, 2022.)

Section 73-18-41 - Application of general election laws.

Section 73-18-41 - Application of Local Election Act. (Effective July 1, 2022.)

Section 73-18-42 - File of county clerk.

Section 73-18-43 - Penalties.