2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 2 - Ditches or Acequias
Section 73-2-12 - Officers, election, bonds and vacancies in certain counties.

The officers of such community ditches or acequias shall consist of three commissioners and one mayordomo or superintendent, each of whom shall be the owner of an interest in the ditch or the water therein. The officers shall be elected biennially on the first Monday of December of the odd numbered years and shall assume the duties of their office not later than the first Monday of the following January. On or before the first Monday of January, the commissioners shall organize by election of one of their number as chairman, another as secretary and another as treasurer. The treasurer shall be required to give a bond to the state in a sum to be fixed by the commissioners. The mayordomo shall also be required to give a bond to the state in a sum to be fixed by the commissioners. The condition of the bonds [is] to be for the accounting of all money coming into their hands by virtue of their offices and for the faithful performance of their respective duties. In the event of a vacancy in the office of mayordomo, the commissioners shall have power to appoint a mayordomo or superintendent to hold office until his successor is elected and qualified.

History: Laws 1895, ch. 1, § 2; C.L. 1897, § 9; Code 1915, § 5746; C.S. 1929, § 151-416; 1941 Comp., § 77-1412; 1953 Comp., § 75-14-12; Laws 1987, ch. 64, § 1.

Cross references. — For special provisions governing acequias in certain counties, see 73-3-1 to 73-3-11 NMSA 1978.

The 1987 amendment, effective June 19, 1987, added the present catchline; divided the former first sentence into two sentences; in the present second sentence, substituted "biennially" for "annually" and inserted "of the odd numbered years" following "December"; deleted "as herein before provided" from the end of the last sentence; and made minor stylistic changes.

Officers not elected according to law not de jure. — Officers of community ditches or acequias become such only by strict compliance by members of the community with the law which provides for election of such officers. If pretended officers are elected in a way or manner not authorized by law, such officers do not become de jure officers of the statutory corporation. State ex rel. Cmty. Ditches v. Tularosa Cmty. Ditch, 1914-NMSC-069, 19 N.M. 352, 143 P. 207.

Mayordomo officer of political subdivision for social security purposes. — Mayordomo of a community ditch association is considered an officer of a political subdivision of the state for social security coverage purposes. 1970 Op. Att'y Gen. No. 70-46.

Mayordomo's official capacity should not be questioned for lack of bond. 1916 Op. Att'y Gen. No. 16-1790.