New Mexico Statutes
Article 9 - Irrigation Districts
Section 73-9-36 - [Prior water rights protected.]

Nothing herein contained shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal or reservoir.
History: Laws 1919, ch. 41, § 30; C.S. 1929, § 73-230; 1941 Comp., § 77-2134; 1953 Comp., § 75-22-34.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 49 to 51.
Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to reclamation act, to a perpetual right beyond control of federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320.
Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743.
93 C.J.S. Waters §§ 58 to 70.

Structure New Mexico Statutes

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 73-9-3 - [Petition to establish irrigation district; contents; signatures; filing; cost bond; publication of petition and notice; "resident freeholder" defined; agency.]

Section 73-9-4 - [Proceedings by county commissioners on receiving petition; boundaries; applications for inclusions and exclusions; adjournments; approval; election; denial of petition; mandamus; management by board of directors.]

Section 73-9-5 - Irrigation district; notice; election; ballots.

Section 73-9-6 - [Determining and declaring results of election; effect; including district's lands in another district; officers holdover; change of divisions, voting precincts and polling places.]

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 73-9-14 - [Board of directors; organization; powers; water regulations; delinquent assessments; engineer's report on water supply; contracts; pro rata distribution; delivering water to other lands; assignment of water rights.]

Section 73-9-15 - [Meetings of directors; quorum; concurrence; records; entry on lands; acquisition of property; tax exemption.]

Section 73-9-16 - [Acquisition of property; suits; judicial notice and presumption of organization; certified copies as evidence.]

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 73-9-26 - Tax levy.

Section 73-9-27 - County treasurer; duties; bonds and coupons in payment of taxes; accounts; collection and distribution of taxes.

Section 73-9-28 - Taxation; general laws applicable.

Section 73-9-29 - [Contracts for construction of works; advertisement; bids; contractor's bond; supervision by engineer.]

Section 73-9-30 - [Claims against district; verification; allowance; warrants; register; payment.]

Section 73-9-31 - [Expenses of organization, operation and improvements to be paid from water tolls and/or tax levies; tax levy to complete original construction.]

Section 73-9-32 - [Crossings authorized; right-of-way over state lands granted.]

Section 73-9-33 - Compensation of directors and secretary; personal interest in contracts; bribery; penalty.

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 73-9-42 - [Decision on petition; survey; allowance nullified by protests within thirty days.]

Section 73-9-43 - [Allowance of petition for annexation; certified copy of order and plat; recording; effect; evidence.]

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 73-9-51 - [Unprotested allowance of petition; certified copy of order and plat; recording; effect.]

Section 73-9-52 - [Redivision of district after exclusion.]

Section 73-9-53 - [Petition for dissolution of district; who may file; contents; calling election; notice; ballots.]

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.

Section 73-9-60 - ["District" defined.]

Section 73-9-61 - [Former districts; validation of organization, bonds and contracts; application of article.]

Section 73-9-62 - [Repeal; saving clause.]