After adopting a plan for the construction of canals, reservoirs and works, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation district extends, provided a newspaper is published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for proposals or may proceed to construct the work under their own superintendence.
Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge subject to the approval of the board.
History: Laws 1919, ch. 41, § 23; C.S. 1929, § 73-223; 1941 Comp., § 77-2127; 1953 Comp., § 75-22-27.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq.
Project under federal grant requires shorter notice. — Any municipality or political subdivision is permitted to advertise the construction of public works projects when under federal loan or grant for a minimum period, not exceeding five days, regardless of the provisions of any general, special, or local law which may provide for a longer period of advertisement. 1939 Op. Att'y Gen. No. 39-3107.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 80 to 87.
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.