2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 2 - Ditches or Acequias
Section 73-2-26 - Actions for collection of assessments.

A. Whenever any person, after due notice, has failed to do work or has failed to pay any amount assessed against the person on any acequia or ditch, the mayordomo or superintendent of the acequia or ditch may bring a civil action for collection of the amount assessed. The magistrate courts and the district courts have concurrent jurisdiction in these actions and the actions may be brought in either forum at the election of the ditch officials. If the ditch officials engage the services of an attorney to assist in the collection of the assessments, the court shall charge the offending party with a reasonable amount for attorney fees incurred in the collection, if the ditch officials prevail in the action.

B. Any person who continues to take or use water from the acequia or ditch without paying the assessments and attorney fees as set by a judgment under this section shall pay a civil penalty for the benefit of the ditch or acequia of not more than two hundred dollars ($200). The penalty may be recovered in an action by the ditch officials before the court in the county where the acequia or ditch is located.

C. A money judgment rendered in a magistrate court or district court under this section shall be a lien on the judgment debtor's property to which the water rights that incurred the fees or assessments are appurtenant. The lien shall be effective from the date of filing a certified copy of the judgment, if obtained from a magistrate court, or a transcript of the judgment, if obtained from a district court, in the office of the county clerk of the county in which the property is located; provided that a judgment shall not be filed with the county clerk pursuant to this subsection before the last day to appeal the judgment has expired and until all appeals taken are exhausted. The acequia or community ditch officials shall provide written notice to the property owner that a lien has been placed on the property. When the judgment has been fully satisfied, the acequia or community ditch officials shall file a release of lien in the office of the county clerk of the county in which the property is located within fifteen days. The cost of filing the release of lien shall be assessed against the judgment debtor and shall be collected before the release of lien is required to be filed.

History: 1953 Comp., § 75-14-24.1, enacted by Laws 1963, ch. 29, § 1; 1977, ch. 184, § 2; 2019, ch. 108, § 1.

The 2019 amendment, effective June 14, 2019, allowed acequias and community ditches to obtain a lien on property pursuant to magistrate and district court judgments; in the section heading, added "lien", added new subsection designations "A." and "B.", and added new Subsection C.

The 1977 amendment deleted "in the state" preceding "the mayordomo" and deleted "in the courts of this state" following "civil action" in the first sentence, substituted the present second sentence for the former second sentence which read: "Justices of the peace have jurisdiction in these actions whenever the amount claimed is two hundred dollars ($200) or less, exclusive of interest and costs" and added the last three sentences.

No action for assessment made under former law. — An action cannot be maintained under this section for assessments made prior to its enactment. Any assessment due prior to that time will have to be collected by refusing the use of water to the delinquent user. 1967 Op. Att'y Gen. No. 67-47.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 120 et seq.