Subject to the approval of the board of supervisors, the board of directors of a watershed district shall have power to:
A. levy an annual assessment on the real property within the district, within the limitations provided in Section 73-20-17 NMSA 1978, for administration, construction, operation and maintenance of works of improvement within and without the district as are required by the district in the performance of its functions;
B. acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings in the manner provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] property or rights of way necessary for the exercise of any authorized function of the district; provided that no property or water rights shall be condemned for the purposes of recreation;
C. construct, improve, operate, contract for and maintain such structures as may be necessary for the performance of any function authorized by the Watershed District Act;
D. borrow money necessary for the purpose of acquiring rights of way and establishing, constructing, reconstructing, repairing, enlarging and maintaining the structures and improvements required by the district in the performance of its functions and repay these loans with the proceeds of the annual assessment provided for in Subsection A of this section or by the issuance, negotiation and sale of its bonds as provided in Section 73-20-14 NMSA 1978; and
E. receive and grant assistance and cooperate with counties, municipalities and state and federal agencies in carrying out the provisions of the Watershed District Act.
History: 1953 Comp., § 45-5-31, enacted by Laws 1957, ch. 210, § 13; 1961, ch. 233, § 2; 1965, ch. 84, § 2; 1975, ch. 294, § 4; 1981, ch. 125, § 59; 2003, ch. 228, § 5.
The 2003 amendment, effective June 20, 2003, inserted "for" following "operate, contract" in Subsection C.
Payment for costs of constructing flood detention dam. — The district's funds, whether obtained by borrowing, issuing bonds or the levying of assessments can be used to pay a portion of the costs of constructing a flood detention dam. 1963 Op. Att'y Gen. No. 63-78.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 62.
94 C.J.S. Waters § 321.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 20 - Soil and Water and Watershed Conservation Districts
Section 73-20-1 - Short title.
Section 73-20-2 - Definitions.
Section 73-20-3 - Purpose of act.
Section 73-20-4 - Watershed districts; formation.
Section 73-20-7 - Presentation of petitions.
Section 73-20-8 - Hearing; notice.
Section 73-20-11 - Votes; results.
Section 73-20-11 - Votes; results. (Effective July 1, 2022.)
Section 73-20-12 - Directors; election.
Section 73-20-15 - Loans; repayments.
Section 73-20-16 - Per diem and mileage.
Section 73-20-17 - Budgets; tax levy; limitation.
Section 73-20-18 - Assessment lists.
Section 73-20-19 - Collection of assessments.
Section 73-20-20 - Expenditures.
Section 73-20-21 - Addition of land.
Section 73-20-22 - Detaching land.
Section 73-20-23 - Discontinuance of districts.
Section 73-20-23 - Discontinuance of districts. (Effective July 1, 2022.)
Section 73-20-24 - Supervision by courts.
Section 73-20-25 - Short title.
Section 73-20-26 - Legislative determination; purpose of act.
Section 73-20-27 - Definitions.
Section 73-20-28 - Soil and water conservation commission members.
Section 73-20-29 - Selection of commission chairman; quorum; compensation; function.
Section 73-20-31 - Powers and duties of department and commission.
Section 73-20-32 - Additional duties of department.
Section 73-20-33 - Soil and water conservation districts; creation.
Section 73-20-34 - Soil and water conservation districts; creation; referendum.
Section 73-20-35 - Soil and water conservation districts; organization.
Section 73-20-36 - Soil and water conservation districts; modification of existing districts.
Section 73-20-37 - District supervisors; election and appointment; new districts.
Section 73-20-38 - District supervisors; election and appointment; organized districts.
Section 73-20-39 - Election of supervisors; district zones.
Section 73-20-40 - Selection of supervisor chairman; quorum; compensation.
Section 73-20-41 - Powers and duties of supervisors.
Section 73-20-42 - Removal of supervisors.
Section 73-20-43 - Perpetuation of districts; continuity of commission and supervisors.
Section 73-20-44 - Districts; description; general powers of districts.
Section 73-20-45 - Specific powers of districts.
Section 73-20-46 - District assessments.
Section 73-20-46.1 - Assessments; limitations.
Section 73-20-47 - Cooperation between districts.