2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 18 - Conservancy Districts; Reclamation Contracts
Section 73-18-5 - When certain provisions to apply; general obligation.

A. Except as otherwise herein provided, the provisions of the Conservancy Act relating to the appraisal and confirmation of benefits and assessments and levy pursuant thereto shall not apply to a contracting district.

B. The provisions of the Conservancy Act relating to the appraisal and confirmation of benefits and assessments and levy pursuant thereto shall, with respect to assessments and levies for works to be constructed pursuant to reclamation contracts, apply as to any contracting district which, after the passage of this act [73-18-1 to 73-18-24 NMSA 1978], shall have executed a reclamation contract wherein it is expressly so provided and in that event the provisions of this act relating to classification of district real property, the apportionment of assessments and the assessment and levy pursuant thereto shall be applicable only to the extent expressly provided for in said reclamation contract.

Notwithstanding the provisions of any other act and whether the revenues necessary to meet payments to the United States under a reclamation contract are to be raised under the provisions of Sections six, seven, eight and nine [73-18-6 to 73-18-9 NMSA 1978] of this act or under the provisions of the Conservancy Act relating to appraisal, confirmation, assessment of benefits and levy thereon, the indebtedness to the United States under a reclamation contract shall constitute a general obligation of the contracting district and of all the real property therein for the payment of which the district and all the real property therein shall be and remain liable until full payment thereof is made, notwithstanding default in payment by individual property owners.

History: Laws 1939, ch. 148, § 5; 1941 Comp., § 77-3105; 1953 Comp., § 75-32-5.

Compiler's notes. — For definition of "Conservancy Act" for purposes of the Conservancy District Reclamation Contract Act, 73-18-24 NMSA 1978, see the compiler's notes to 73-18-1 NMSA 1978.

Cross references. — For appraisal and confirmation of benefits and assessments, see 73-15-1 to 73-15-15 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 88.

94 C.J.S. Waters § 316.