2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 18 - Conservancy Districts; Reclamation Contracts
Section 73-18-13 - Water applications.

Every person desiring to receive water for use upon lands in a contracting district during the course of the year shall make application at the office of the district, furnishing therewith a statement in writing of the number of acres intended by him to be irrigated and a statement as near as may be of the crops planted or intended to be planted, which application upon its acceptance by or on behalf of the board of directors shall constitute a water service contract for the year covered thereby, subject to the reclamation law, reclamation contracts and rules and regulations thereunder, to the provisions of the Conservancy Act and this act [73-18-1 to 73-18-24 NMSA 1978]; and said application and resulting contract may provide, among other things, for tolls and charges for water which may be used in excess of the amount to which the applicant may be entitled on account of assessments and such tolls and charges shall constitute a lien upon lands upon which water is so used, and the water service contract records of a contracting district shall constitute public notice of the existence of such lien.

History: Laws 1939, ch. 148, § 13; 1941 Comp., § 77-3113; 1953 Comp., § 75-32-13.

Compiler's notes. — For the reclamation law, which includes the act of congress of June 17, 1902 and all acts amendatory thereof and supplemental thereto, see 43 U.S.C. § 371 et seq.

For purposes of the Conservancy District Reclamation Contract Act, "Conservancy Act" means the Conservancy Act of New Mexico. See the compiler's notes to 73-18-1 NMSA 1978.

Adoption of reclamation statutes by reference to the title of the federal Reclamation Act is not violative of N.M. Const., art. IV, § 18, where these reclamation statutes are not a necessary part of the act in which they are adopted. Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist., 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391.

Crop approval. — In the operation of a large irrigation district, those charged with delivery of water must know the demand and how often water must be available for the landowners. It may seem harsh to require approval of particular crops, but where the United States is preparing to put a lot of money into a district, it may require the planting of such crops as are likely to yield sufficient return to enable the landowner to pay his obligations, and to prevent the planting of such a noxious crop as Johnson grass. Middle Rio Grande Water Users Ass'n v. Middle Rio Grande Conservancy Dist., 1953-NMSC-035, 57 N.M. 287, 258 P.2d 391.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 63.

94 C.J.S. Waters § 352.