The said board is hereby authorized and empowered to take conveyances or contracts for all property or rights acquired by it under the provisions of this act in the name of such irrigation district to and for the purposes herein expressed, and to institute and maintain any and all actions, proceedings and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any or all rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits or proceedings the said board may sue, appear and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits and proceedings in any court of this state of the organization and existence of any irrigation district in this state now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in Section 6 [73-9-6 NMSA 1978] of this act; and a certified copy of said order shall be prima facie evidence in all actions, suits and proceedings in any court in this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth; and any such irrigation district, in regard to which any such order has been heretofore or may hereafter be entered, and such certified copy thereof so filed for record, and which has exercised or shall exercise rights and powers of such district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the formation or organization whereof shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, established and existing irrigation district within the meaning of this act, and its due and lawful formation and organization shall not thereafter be questioned in any action, suit or proceeding whether brought under the provisions of this act or otherwise.
History: Laws 1919, ch. 41, § 14; C.S. 1929, § 73-214; 1941 Comp., § 77-2114; 1953 Comp., § 75-22-14.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 41 to 43.
94 C.J.S. Waters § 321.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 9 - Irrigation Districts
Section 73-9-1 - Organizers' qualifications; exempt areas; exception.
Section 73-9-2 - [Voting power of water users under town or village community ditches.]
Section 73-9-5 - Irrigation district; notice; election; ballots.
Section 73-9-7 - First election; terms.
Section 73-9-8 - Second and subsequent elections.
Section 73-9-9 - Irrigation districts; transitional features for present boards.
Section 73-9-10 - [Location of office; secretary; notice of elections; election board.]
Section 73-9-11 - [Election board; chairman's powers; opening and closing polls; return.]
Section 73-9-12 - [Determining and declaring result of election; plurality elects.]
Section 73-9-13 - [Election statement and certificates; filling vacancy in office of director.]
Section 73-9-17 - Bonds; authority to issue; election; how payable; form and contents.
Section 73-9-18 - Sale; notice.
Section 73-9-19 - Bonds; how paid; liens.
Section 73-9-20 - Special proceedings to enforce collection.
Section 73-9-21 - President and secretary to compile bond statement.
Section 73-9-22 - Directors certify amounts needed; assessment; no funds to be transferred.
Section 73-9-23 - Board of directors to submit accurate description of lands to county assessor.
Section 73-9-24 - Tax assessments.
Section 73-9-25 - Creation of sinking fund.
Section 73-9-28 - Taxation; general laws applicable.
Section 73-9-30 - [Claims against district; verification; allowance; warrants; register; payment.]
Section 73-9-32 - [Crossings authorized; right-of-way over state lands granted.]
Section 73-9-34 - [Statutory authorization required for debts and liabilities.]
Section 73-9-35 - [Water volume insufficient; distribution.]
Section 73-9-36 - [Prior water rights protected.]
Section 73-9-37 - [Change of district boundaries; authorization; effect.]
Section 73-9-38 - [Petition for annexation of lands; who may file; contents; acknowledgment.]
Section 73-9-39 - [Notice of proposed annexation; contents; publication; costs.]
Section 73-9-40 - [Hearing on proposed annexation; written objections.]
Section 73-9-41 - [Petitioners required to pay sums determined by directors.]
Section 73-9-44 - Participation in proceedings for change of district boundaries.
Section 73-9-45 - [Redivision of district after annexation.]
Section 73-9-46 - [Exclusion of lands from district; authorization; effect.]
Section 73-9-47 - Petition or resolution for exclusion.
Section 73-9-48 - Petition or resolution for exclusion; notice; publication.
Section 73-9-49 - Petition or resolution for exclusion; hearing.
Section 73-9-50 - Petition or resolution for exclusion; hearing; order; protest.
Section 73-9-52 - [Redivision of district after exclusion.]
Section 73-9-54 - [Determining and declaring result of election; recording certificate.]
Section 73-9-55 - Bond issue; proceedings to determine validity.
Section 73-9-56 - Bond issue; petition for proceedings to determine validity.
Section 73-9-57 - Proceedings to determine validity of bonds; notice of hearing.
Section 73-9-58 - Determining validity of bonds; procedure.
Section 73-9-59 - Determining validity of bonds; hearing; decree; costs.