2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 16 - Conservancy Districts; Financial Administration
Section 73-16-29 - Compensation of officials.

A. Each member of the board of directors shall receive five ($5.00) dollars per day and his necessary expenses for the time actually employed in the performance of his duties.

B. Each appraiser shall receive ten ($10.00) dollars per day and his expenses for the time actually employed in the performance of his duties.

C. Before any duties devolve upon the county treasurers under this act, the board shall consult them and agree upon the salaries for the extra clerical force, if any, required in their respective offices to carry out the requirements of the law by reason of the establishment of a district, and the said board shall provide for and pay said salaries to said clerk or clerks while engaged on the work of the district, which clerks shall be selected and appointed by each of said county officers for their respective offices. In case of disagreement as to the compensation of such extra clerical force, the matter shall be referred to the court for its determination.

History: Laws 1927, ch. 45, § 528; C.S. 1929, § 30-528; 1941 Comp., § 77-2928; 1953 Comp., § 75-30-28.

Compiler's notes. — For the meaning of "this act", see compiler's notes to 73-16-2 NMSA 1978.

Generally. — Appraisers receive compensation for their services upon a per diem basis for the time actually employed in the performance of their duties. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.

Board of appraisers and assistants. — The compensation paid to the board of appraisers comes from the money which is set aside by conservancy law for the operation of the conservancy district. The board of directors of the conservancy district does not exercise any control over the operation of the board of appraisers and their assistants. The control of the board of appraisers is actually exercised by the court. 1956 Op. Att'y Gen. No. 56-6529.

Extra clerical help of assessor. — The county assessor of Socorro county cannot require that the Middle Rio Grande conservancy district enter into an agreement with such assessor whereby the conservancy district agrees to pay for extra clerical help needed by the assessor to help collect conservancy district assessments. No authorization for the assessor to enter into such an agreement is found in the statutes. The fact that the assessor must hire extra clerical help to properly assist in conservancy district assessment collections is of no consequence legally. Such an agreement between the assessor and the conservancy district is not authorized and, therefore, cannot be required. 1960 Op. Att'y Gen. No. 60-131.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of governmental unit other than flood control district, or officers thereof, to compensation for collecting or disbursing assessment, of levee or flood control districts, 114 A.L.R. 1098.

52A C.J.S. Levees and Flood Control § 21; 94 C.J.S. Waters § 320.