Section 73-2-54 – [Joint spillways or degaguas; use of water without consent; penalty.]
When two or more public ditches drain their excess of waters at the same drainage, the same shall be considered as joint owners of said drainage and no person or persons that may own lands on either side of said drainage shall have the right to use the water of said drainage without the consent […]
Section 73-2-55 – [Joint spillways or degaguas; use of water; authority of majority of mayordomos.]
The majority of the mayordomos of said ditches of the joint drainage, shall be authorized to make arrangements with said owners of land regarding the use of said excess waters, and the result of said arrangements shall be for the benefit of all ditches that may discharge the water upon such drainage. History: Laws 1903, […]
Section 73-2-55.1 – Water banking; acequias and community ditches.
An acequia or community ditch may establish a water bank for the purpose of temporarily reallocating water without change of purpose of use or point of diversion to augment the water supplies available for the places of use served by the acequia or community ditch. The acequia or community ditch water bank may make temporary […]
Section 73-2-56 – [Change in location, extension or reconstruction of ditch; consent of water users; expense.]
The commissioners of any community ditch may alter, change the location of, enlarge, extend, or reconstruct such ditch for the purpose of providing greater efficiency in irrigation to the water users of said ditch, or when any part thereof shall have been destroyed by rain or in any other manner or for the purpose of […]
Section 73-2-57 – [Crossing lands in reconstruction; compensation; determination; procedure.]
Should they deem it necessary, the mayordomo may cut through the lands of any person or persons, by first obtaining their consent, by the community of such ditch offering to pay a compensation, to be agreed upon between the owner or owners of the lands through which the ditch is to be opened, and the […]
Section 73-2-58 – [Appraisers; oath.]
Whenever the three experts shall be appointed as appraisers, before they enter upon their duties as such appraisers, they shall file in the office of the justice of the peace [magistrate], who appointed them, an oath to faithfully, legally and impartially discharge the duties for which they were appointed. History: Laws 1919, ch. 39, § […]
Section 73-2-59 – [Appraisement; notice to landowners; contents; service; return.]
Before proceeding to examine the land or lands over which the new ditch should be opened, the appraisers shall give the owner or owners of such land or lands, not less than three nor more than ten days’ notice in writing of the time and place they will meet to examine and appraise said land […]
Section 73-2-60 – [Report of appraisers; contents.]
Whenever any land or lands of any person or persons are to be appraised, as in the cases above mentioned, the experts who shall make such appraisement, shall make a report which shall be filed in the office of the justice of the peace [magistrate] who appointed them, setting forth therein the name of the […]
Section 73-2-61 – [Payment of appraised value; right to possession; forcible entry and detainer.]
The parties interested shall possess the right of property in the land or lands paid for under the five preceding sections [73-2-56 to 73-2-60 NMSA 1978], and in case of legal resistance being made to the possession of the land by the parties interested in a public ditch, they may compel the person or persons […]
Section 73-2-62 – [Appeal from appraisement to district court.]
Any person or persons aggrieved by the amount of damages assessed or allowed by any appraisers appointed as provided for in the foregoing sections, may appeal by himself, his agent or attorney to the district court of the county where the same was rendered, in the same manner as appeals are taken from judgments rendered […]