New Mexico Statutes
Article 9 - Irrigation Districts
Section 73-9-28 - Taxation; general laws applicable.

The revenue laws of this state for the assessment, levying and collection of taxes on real estate for county purposes, except as herein modified, shall be applicable for the purposes of this act, including the enforcement of penalties and forfeitures for delinquent taxes. All interest that may be collected on delinquent taxes levied and assessed for district purposes under the provisions of Chapter 41, Laws of 1919, [and] all interest from that source in hands of county treasurers shall be credited to the several district funds in proportion to the amounts thereof as certified by the board of directors of such district. In addition to such penalties and forfeitures the board of directors of each district is hereby authorized to refuse during any current year, to deliver water from the canals and reservoirs of the district, or purchased from any other district, person or corporation, to any land for irrigation thereof or domestic use thereon, so long as any taxes assessed and levied for district purposes against such land, or any interest, cost or penalties accrued thereon, are due, delinquent and unpaid. Provided the judge of the district court of the county where such taxes for district purposes are collected may, upon a satisfactory showing by any landowner in such district, that his failure to pay such taxes, interest or penalties, is due directly or indirectly to the failure of the district to furnish his lands with sufficient water to properly irrigate them, may order the treasurer and collector, whose duty it is to collect such taxes, interest and penalties, to strike from his tax rolls, all penalties assessed for the year or years such failure is so shown, and all interest theretofore accrued on such delinquent taxes in excess of six percent (6%) per annum.
In case the lists or certificates in this act required to be made as the basis for the tax levy for district purposes shall not be made within the time in this act prescribed, or in case such levy is not made or certified by the board of county commissioners before the tax roll is made up for any year, such lists and certificates shall nevertheless be made and such levy made and extended on the tax roll with the same effect as if made within the time prescribed by law. It shall be the duty of the board of directors to purchase in the name of such district any property which may be sold for delinquent taxes under this act, and said board is authorized to take title to such land in the name of the district, and to sell and convey the same when it has acquired title thereto, at a price not less than the taxes, penalty and interest accrued thereon.
History: Laws 1919, ch. 41, § 22; 1921, ch. 173, § 2; 1923, ch. 54, § 1; 1927, ch. 148, § 5; C.S. 1929, § 73-222; Laws 1933, ch. 124, § 1; 1941 Comp., § 77-2126; 1953 Comp., § 75-22-26.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The provisions of Laws 1919, ch. 41, are compiled as 73-9-1 to 73-9-6, 73-9-8, 73-9-10 to 73-9-19, 73-9-22, 73-9-24, 73-9-26 to 73-9-62 NMSA 1978.
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.
Cross references. — For purchases at tax sales by districts, see 73-13-19 to 73-13-23 NMSA 1978.
Penalties not allocated according to General Revenue Law. — Penalties and interest should be credited to the district funds in proportion to the amounts certified by the board of directors of such districts, in accordance with this section and not the General Revenue Law. 1921 Op. Att'y Gen. No. 21-3151.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 70 to 72.
94 C.J.S. Waters § 243.

Structure New Mexico Statutes