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 […]
Section 73-2-63 – [Change in place of diversion; permit unnecessary.]
It shall not be necessary for the officers of public community acequias established and in operation prior to March 19, 1907, to make any application to, or obtain any permit from, the state engineer or the board of water commissioners in order to change the place of diversion; provided that by such change no increase […]
Section 73-2-49 – [Distribution of water.]
The said apportionment and distribution of the water shall be made in accordance with the rights of each ditch, and in proportion to the lands irrigated by each ditch. History: Laws 1903, ch. 15, § 3; Code 1915, § 5778; C.S. 1929, § 151-448; 1941 Comp., § 77-1445; 1953 Comp., § 75-14-46. ANNOTATIONS Bracketed material. […]
Section 73-2-50 – [Neglect of duty; penalty.]
If any superintendent or water commissioner, neglects or refuses to discharge the duties required of him by the three preceding sections [73-2-47 to 73-2-49 NMSA 1978], he shall be fined for each offense in a sum not to exceed ten dollars ($10.00) recoverable before any justice of the peace [magistrate court] in the county; and […]
Section 73-2-51 – [Not applicable on Rio Grande.]
Nothing in the four preceding sections [73-2-47 to 73-2-50 NMSA 1978] shall be construed as applying to the community or other ditches constructed from and conveying waters from the Rio Grande. History: Laws 1903, ch. 15, § 5; Code 1915, § 5780; C.S. 1929, § 151-450; 1941 Comp., § 77-1447; 1953 Comp., § 75-14-48. ANNOTATIONS […]
Section 73-2-52 – [Spillways; place; work on excess water.]
Whenever 10 [ten] or more of the landowners of any main ditch or lateral, deem it necessary to open a drainage, tajo or outlet, near the main dam or away from said dam of any public ditch or lateral, with the object of drawing off the excess of water, or to regulate the water of […]