2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 16 - Conservancy Districts; Financial Administration
Section 73-16-15 - Annual levy.

A. After the expiration of the sixty-day period in which the construction fund assessment may be paid, and each year thereafter, if necessary to effectuate the provisions of this act. The board shall determine, order and levy the total assessments to be collected annually for the purpose of paying district bonds, principal and interest and other needs, uses and purposes for which the construction fund is created; and for the needs, uses and purposes for which the maintenance fund is created.

B. Upon the passage of the resolution by the board levying the said assessments, the treasurer shall enter the same in the respective construction fund assessment record and maintenance fund assessment record, tabulating and extending the said records as herein provided.

C. On or before the first day of September of each year in which assessments are levied for the construction fund or maintenance fund, or both; that portion of the construction fund assessment record, or the maintenance fund assessment record or both, as the case may require, relating to the property in each county, certified by the board to be the construction fund assessment record, or the maintenance fund assessment record, as the case may be, signed by the president, attested by the signature of the secretary with the seal of the board thereto affixed, shall be delivered to the county assessor of each county wherein property assessed is located, and such records so certified shall be sufficient warrant for the levy, assessment and collection of the assessments therein contained and for the certification thereof by boards of county commissioners as in case of state and county taxes.

D. It shall be the duty of the assessor of each county to receive the said records as tax or assessment books and to make and enter the assessment therein set forth upon the tax rolls of the county at the time state and county taxes are assessed and entered according to law.

E. Such assessment shall become due and shall be collected during each year at the same time and in the same manner that state and county taxes are due and collectible; and if further assessments in any year are necessary, to effectuate the provisions hereof, such assessment shall be levied, evidenced and certified as herein provided in apt time and not later than the first day of December in such year, to the assessor of each county in which the property subject to such assessment is situate, and with like effect as in case of other assessments.

If a county treasurer shall wilfully neglect or fail to collect any assessment provided for herein at the time of the collection of other taxes, he shall be subject to a penalty of one hundred ($100) dollars for each such failure, unless the collection of the assessment has been enjoined by order of a court of competent jurisdiction; such penalty to be recovered in a suit brought by the board to the use of the district.

History: Laws 1927, ch. 45, § 514; C.S. 1929, § 30-514; 1941 Comp., § 77-2914; 1953 Comp., § 75-30-14.

Compiler's notes. — For the meaning of "this act", see compiler's notes to 73-16-2 NMSA 1978 and note following 73-14-1 and 73-18-1 NMSA 1978.

Constitutionality of annual levy provisions. — This section and Section 73-16-17 NMSA 1978 relating to applicable revenue laws, when considered with other portions of the Conservancy Act (Laws 1927, ch. 45), are not uncertain, indefinite or blind, and are not obnoxious to provisions of the first paragraph of N.M. Const., art. IV, § 18, and county treasurer cannot refuse to accept tenders of state and county taxes without payment at same time of conservancy district assessments, nor sell lands for both state and county taxes and conservancy district assessments after wrongfully refusing tender of state and county taxes. Tondre v. Garcia, 1941-NMSC-042, 45 N.M. 433, 116 P.2d 584.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 70 to 72.

52A C.J.S. Levees and Flood Control §§ 28 to 39; 94 C.J.S. Waters §§ 332 to 337.