It shall be the duty of the board of directors of the district, on or before September first of each year, to determine the amount of money required to meet the maintenance, operating and current expenses of the district for the ensuing fiscal year, and such additional sums as may be necessary to meet any deficiency for payment of maintenance or operation expenses theretofore incurred, and to certify the same to the board of county commissioners. Such certificate shall specify the sum required for each of the purposes therein mentioned. The county treasurer shall distribute the proceeds of the ad valorem taxes levied by the county commissioners under this act for the purpose of paying and retiring outstanding bonds and interest coupons, to the credit of a fund to be known as "bond fund" and shall distribute the proceeds of the specific taxes levied on request of the board of directors of said district through their budget for maintenance, operation and current expenses, to a separate fund, established and maintained for said last-mentioned purposes.
It shall be unlawful to transfer any money from either the bond fund or the maintenance, operation and current expense fund, or to use the money therein for any other purpose, so long as any obligations of the district which should be paid out of such funds, respectively, remain unpaid.
The county treasurer is authorized to pay out of said bond fund any matured bond or coupon of the district, upon presentation of said bond, coupon or coupons, for that purpose, and without warrant from the board of directors of said district, and to pay out of the maintenance, operation and current expense fund or funds, any water charges or rentals due by the district and unpaid without warrant signed by the president and secretary of the district, in any case where the district officers neglect or refuse to issue such warrant in time to meet such obligations when due.
History: Laws 1919, ch. 41, § 18; 1921, ch. 173, § 1; C.S. 1929, § 73-218; Laws 1934 (S.S.), ch. 8, § 6; 1941 Comp., § 77-2120; 1953 Comp., § 75-22-20.
Compiler's notes. — Laws 1934, ch. 8, § 6, provided it was amending Laws 1929, ch. 173, § 1, being § 73-218 of the Code of 1929. It correctly included the 1929 compilation number, § 73-218 in the 1929 compilation of Laws 1921, ch. 173, § 1 which was the section actually amended in 1934.
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 § 2.
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.