2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 14 - Conservancy Districts; Definitions; Organization and Management
Section 73-14-1 - Declaration.

The establishment of conservancy districts for the purposes and in the manner provided for in this act is hereby declared to be conducive to the public health, safety, convenience and welfare.

History: Laws 1927, ch. 45, § 101; C.S. 1929, § 30-101; 1941 Comp., § 77-2701; 1953 Comp., § 75-28-1.

Compiler's notes. — The term "this act" refers to the Conservancy Act, enacted by Laws 1927, ch. 45, the provisions of which are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978. Laws 1990, ch. 48, § 1 added 73-14-20.1 NMSA 1978 to the Conservancy Act. Laws 1939, ch. 148, defined the "Conservancy Act of New Mexico" as the Conservancy Act and defined other terms used in the Conservancy District-Reclamation Control Act, 73-18-24 NMSA 1978. Laws 1939, ch. 148, § 1 is compiled as 73-18-1 NMSA 1978.

Although the official short title of the Laws of 1927, ch. 45 is the "Conservancy Act of New Mexico", there are numerous references in Articles 14 through 18 of Chapter 73, NMSA 1978 to the "Conservancy Act". Section 73-18-1 NMSA 1978 of "The Conservancy District-Reclamation Control Act", Section 73-18-24 NMSA 1978, provided that for purposes of the "Conservation District-Reclamation Control Act", "Conservancy Act" includes the "Conservancy Act of New Mexico". This definition of "Conservancy Act" is limited to "The Conservancy District-Reclamation Control Act". See Laws 1939, ch. 148, § 1, presently compiled as 73-18-1 NMSA 1978. See also the compiler's note above for the sections included in the Conservancy Act of New Mexico.

Cross references. — For definitions of terms, see 73-14-3 and 73-18-1 NMSA 1978.

Constitutionality of including railroad right of way within conservancy district. — The inclusion of a strip of railroad right of way within an extension of a conservancy district created for purpose of irrigation and placing an ad valorem tax thereon was not invalid as a taking of the railroad's property without due process of law, as the benefits derived need not be direct or immediate, the legislature's determination that there is an enhancement in value being final, unless the method prescribed is one so arbitrary and unfair as to amount to an abuse of legislative power. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.

When new conservancy district creation warranted. — The creation of a new conservancy district is warranted if its purposes are conducive to public health, safety, convenience and welfare. In re Sandia Conservancy Dist., 1953-NMSC-056, 57 N.M. 413, 259 P.2d 577.

Legislature may authorize ad valorem tax on real property in the conservancy district so long as the same is neither discriminatory nor confiscatory. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.

Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).

For comment, "Attractive Nuisance - Liability of the United States for Accidental Drowning of Infant Trespassers in Middle Rio Grande Project Irrigation Ditches," see 10 Nat. Resources J. 137 (1970).

For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).

For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).

For article, "Middle Rio Grande Regional Water Resource Planning: The Pitfalls and the Promises," see 40 Nat. Resources J. 533 (2000).

For article, "A Reservoir Runs Through it: A Legislative and Administrative History of the Six Pueblos' Right to Store 'Prior and Paramount' Water at El Vado," see 47 Nat. Resources J. 733 (2007).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 95 to 98.

Formation and organization of conservancy districts, 69 A.L.R. 285.

94 C.J.S. Waters §§ 318, 319.