2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 1 - Artesian Conservancy Districts
Section 73-1-19 - [Secretary; duties; board of directors; powers; expenses.]

The secretary shall be the custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal, all certified copies of the official records and files that may be required of him by this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978], or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity.

The board of directors are hereby vested with full power and authority to do and perform every act and thing necessary to carry out, to all intents and purposes, the provisions of this act, purposes and objects for which the district is created, including the power to enter into contracts with, and engage all necessary agents and employees, and to fix their compensation and to require of any such employees bonds for the faithful performance of their duties, as to the directors may seem proper. The members of the board of directors shall receive no salary or other compensation, but shall be allowed their actual expenses incurred in performing their official duties, and not to exceed five ($5.00) dollars for each day's attendance at all regular or called meetings.

History: Laws 1931, ch. 97, § 17; 1941 Comp., § 77-1317; 1953 Comp., § 75-13-17.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

New user may not tap waters already appropriated. — Owner of well which taps waters of artesian basin or other underground waters whose supply has already been exhausted by prior appropriation acquires no right to use such waters as against a body of prior appropriators, even though his well is located outside boundaries of any previously defined underground stream or artesian basin. Pecos Valley Artesian Conservancy Dist. v. Peters, 1945-NMSC-029, 50 N.M. 165, 173 P.2d 490.

Burdens of proof on new and old appropriators. — New appropriator must prove existence of surplus from which he can extract quantity of water he desires without injury to uses and requirements of those with prior rights, but prior appropriators must first prove the amount of water required by them for reasonable beneficial purposes. Pecos Valley Artesian Conservancy Dist. v. Peters, 1948-NMSC-022, 52 N.M. 148, 193 P.2d 418.

Proper for board to act against excessive water user. — Excessive water use by individual landowner would constitute wasteful practice in derogation of best interests of entire conservancy district, presenting a proper subject for action by board of directors of district. 1952 Op. Att'y Gen. No. 52-5487.

Section gives board adequate authority to employ engineer to survey lands within district. 1952 Op. Att'y Gen. No. 52-5487.