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Home » US Law » 2021 New Mexico Statutes » Chapter 73 - Special Districts » Article 17 - Conservancy Districts; General Provisions

Section 73-17-1 – Lands in more than one district.

A. The same land may be included in more than one district and be subject to the provisions of this act for each and every district in which it may be included, provided that no district shall be organized in whole or in part within the territory of a district already organized, until the court […]

Section 73-17-10 – Cooperation with United States government or other agencies.

The board shall have the right and authority to enter into contracts or other arrangements with the United States government or any department thereof; or with the state government of this or other states; or with irrigation, drainage, conservation, conservancy or other improvement districts, in this or other states; or with persons, or public corporations; […]

Section 73-17-11 – Board to secure cooperation.

Whenever lands owned by the federal government or over which it has jurisdiction or control, shall be included in any district, the board shall immediately upon its appointment, proceed to make all necessary arrangements with the proper department or agency of the government for cooperating in making the contemplated improvements to the end that the […]

Section 73-17-12 – Interference with state and federal rights.

Should the contemplated improvements by any district interfere with any right or property of the federal government or any state government and it becomes necessary to obtain permission and consent of such governments or any of the departments or agents thereof, to carry out such improvements, the board shall enter into any compact, agreement or […]

Section 73-17-13 – Federal [or state] appropriations.

The board shall by proper action obtain the money or the use thereof, of any fund created by any federal or state appropriations heretofore or hereafter to be made, to which the district may be entitled for discharging, fulfilling and accomplishing the objects and purposes for which such appropriations were made. History: Laws 1927, ch. […]

Section 73-17-14 – State lands.

A. Whenever there shall be included in any district public lands belonging to the state of New Mexico subject to entry or which have been entered, and for which no certificates of purchase have been issued, such lands are hereby made and declared to be subject to all of the provisions of this act to […]

Section 73-17-15 – Correction of faulty notices.

A. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case […]

Section 73-17-16 – Early hearings.

All cases in which there may arise a question of the validity of the organization of a conservancy district, or a question of the validity of any proceedings under this act, shall be advanced as a matter of immediate public interest and concern, and heard in all courts at the earliest practicable moment. The courts […]

Section 73-17-17 – Appeals shall not delay proceedings.

A. No appeal under this act shall be permitted to interrupt or delay any action or the prosecution of any work, except where the appellant is entitled to a jury trial under the constitution of the state, in which case, only so much of the work shall be interrupted or delayed as would constitute a […]

Section 73-17-18 – Remedy for injury by a district.

In case any person or public corporation, within or without any district organized under this act, may be injuriously afected [affected] with respect to property rights in any manner whatsoever by any act performed by any official or agent of such district, or by the execution, maintenance or operation of the official plan, and in […]

Section 73-17-19 – Short forms and abbreviations.

A. In any order of the court the words “the court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding,” shall be equivalent to a finding of existence of each jurisdictional fact necessary to confer plenary jurisdiction upon the court and necessary from the proper […]

Section 73-17-2 – Union of districts.

A. In case two or more districts have been organized in a territory which, in the opinion of the board of each of the districts, should constitute but one district, the boards of the districts may petition the court for an order uniting said districts into a single district; provided, however, if such districts are […]

Section 73-17-20 – Liberal construction.

This act being necessary to secure and preserve the public health, safety, convenience and welfare, and being necessary for the prevention of great loss of life, and for the security of public and private property from floods and other uncontrolled waters, it shall be liberally construed to effect the purposes of this act. History: Laws […]

Section 73-17-21 – Prescription and adverse possession.

The rights of the district to the waters of the district, or the use thereof, or the land within the district and property owned by it shall not be lost by the district by prescription or by adverse possession, or for nonuse of the waters. History: Laws 1927, ch. 45, § 908; C.S. 1929, § […]

Section 73-17-22 – Property, title, tax exempt.

Title to all rights and property acquired by any district, shall immediately and by operation of law, vest in such district in its corporate name; such property shall be held for the uses and purposes of the district, and shall be exempt from all taxation. History: Laws 1927, ch. 45, § 909; C.S. 1929, § […]

Section 73-17-23 – Saving clause and repeals.

A. The purposes and powers herein contained and provided for are hereby granted to and conferred upon conservancy districts heretofore organized under the provisions of Chapter 140 of the Laws of New Mexico of 1923 and all the provisions hereof shall be held applicable in the manner herein prescribed, to such conservancy districts heretofore organized […]

Section 73-17-24 – Forms.

The following forms illustrate the character of the procedure contemplated by this act; and if substantially complied with (with changes to meet particular requirements), shall be held to meet the requirements of this act. FORM I In the district court of the ____________ judicial district of the state of New Mexico. In the matter of […]

Section 73-17-3 – Subdistricts.

A. Whenever it is desired to construct improvements wholly within or partly within and partly without any district organized under this act, which improvements will affect only a part of said district, for the purpose of accomplishing such work, subdistricts may be organized upon petition of the owners of property, which petition shall fulfill the […]

Section 73-17-4 – District protection.

The board shall have the right to police and protect the works of the district, to prevent persons, vehicles or livestock from passing over the works of the district and prevent the doing of any act which would result in damage thereto. History: Laws 1927, ch. 45, § 701; C.S. 1929, § 30-701; 1941 Comp., […]