2018 New Mexico Statutes
Chapter 73 - Special Districts
Article 2 - Ditches or Acequias
Section 73-2-26 - Actions for collection of assessments.
Whenever any person, after due notice, has failed to do his work or has failed to pay any amount assessed against him on any acequia or ditch, the mayordomo or superintendent of the acequia or ditch may bring a civil action for collection of the amount assessed. The magistrate courts and the district courts have concurrent jurisdiction in these actions and the actions may be brought in either forum at the election of the ditch officials. If the ditch officials engage the services of an attorney to assist in the collection of the assessments, the court shall charge the offending party with a reasonable amount for attorney fees incurred in the collection, if the ditch officials prevail in the action. Any person who continues to take or use water from the acequia or ditch without paying the assessments and attorney fees as set by a judgment under this section shall pay a civil penalty for the benefit of the ditch or acequia of not more than two hundred dollars ($200). The penalty may be recovered in an action by the ditch officials before the court in the county where the acequia or ditch is located.
History: 1953 Comp., § 75-14-24.1, enacted by Laws 1963, ch. 29, § 1; 1977, ch. 184, § 2.
The 1977 amendment deleted "in the state" preceding "the mayordomo" and deleted "in the courts of this state" following "civil action" in the first sentence, substituted the present second sentence for the former second sentence which read: "Justices of the peace have jurisdiction in these actions whenever the amount claimed is two hundred dollars ($200) or less, exclusive of interest and costs" and added the last three sentences.
No action for assessment made under former law. — An action cannot be maintained under this section for assessments made prior to its enactment. Any assessment due prior to that time will have to be collected by refusing the use of water to the delinquent user. 1967 Op. Att'y Gen. No. 67-47.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 120 et seq.
