2018 New Mexico Statutes
Chapter 4 - Counties
Article 50 - Flood Control
Section 4-50-3 - Inspection of rivers; construction of works; personnel; contracts for financing.
County flood commissioners may inspect rivers and streams in their respective counties where flood waters are liable to cause damage to property or life and in their discretion cause to be constructed and maintained dikes, embankments, dams, ditches or other structures or excavations necessary to control such flood water and protect life and property in their counties against loss and damage. County flood commissioners may employ engineering and other personnel, directly supervise or contract for the construction and maintenance of flood control works and do all other acts necessary to carry into effect the provisions of Sections 4-50-1 through 4-50-9 NMSA 1978. If the money in the county flood fund is insufficient to finance flood control projects and provide for maintenance, the board of county commissioners, upon the recommendation of the county flood commissioner, may contract with any federal or state agency for grants or loans for the purpose of construction and maintenance of dikes, dams, embankments, ditches and other structures and excavations. Any contract for borrowing funds from state or federal agencies may provide that annual installments of principal and interest on the debt shall be paid out of the appropriate account within the county flood fund. The provisions of Sections 6-6-11 through 6-6-18 NMSA 1978 shall not apply to contracts entered into with state or federal agencies for flood control projects under the provisions of this section.
History: Laws 1921, ch. 163, § 3; C.S. 1929, § 33-5003; 1941 Comp., § 15-4703; 1953 Comp., § 15-50-3; Laws 1969, ch. 72, § 2.
Cross references. — For limitation upon and payment of indebtedness and expenses, see 4-50-6 NMSA 1978.
For county debt limit, see N.M. Const., art. IX, § 13.
For finances of counties, municipalities and school districts generally, see 6-6-7 NMSA 1978 et seq.
Powers of commissioners as to employment of personnel. — The county flood commissioner may do all acts necessary to carry into effect the terms of 4-50-1 to 4-50-9 NMSA 1978 and if employment of an attorney or an engineer or others for varied purposes to initiate or to carry through a program of flood control is reasonably necessary, such employment is authorized. 1951-52 Op. Att'y Gen. No. 52-5535.
Power of commissioners to incur long-term indebtedness. — There is no prohibition against county flood commissioners incurring a long-term indebtedness for flood control purposes if such contract is entered into in good faith and pursuant to the county flood commissioners' statutory powers. 1968 Op. Att'y Gen. No. 68-78.
So long as the county flood commissioners do not bind the county in a long-term lease under this section, to a debt for which the installment due during any one year cannot be paid in that year, the debt is binding and does not violate 4-50-6 NMSA 1978. 1968 Op. Att'y Gen. No. 68-78.
