2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 20 - Soil and Water and Watershed Conservation Districts
Section 73-20-31 - Powers and duties of department and commission.
A. The supervising officer of any state agency or post-secondary educational institution shall, within the limitations of his budget and the demands of his agency or institution, assign staff or personnel, render special reports and undertake surveys or studies pertaining to soil and water conservation for the commission and the department as requested.
B. The department, with the advice of the commission, shall:
(1) assist districts in the development of district soil and water conservation programs and, from such programs, develop a soil and water conservation program for the state;
(2) provide information for supervisors concerning the experience and activities of all districts and facilitate the exchange of experience and advice among districts;
(3) promote cooperation between districts and, by advice and consultation, assist in the coordination of district programs;
(4) secure and maintain the cooperation and assistance of state and federal agencies and seek to secure and maintain the cooperation and assistance of national, state and local organizations and groups interested or active in natural resources conservation and development;
(5) disseminate information throughout the state concerning district activities and programs; and
(6) encourage and, within budget limitations, render assistance to district activities and facilitate and encourage the formation of new districts in areas where district organization is desirable.
C. The commission may:
(1) advise the department and the board of regents concerning any matter that in its opinion has a significant impact on or otherwise substantially affects soil and water conservation; and
(2) promulgate rules to carry out the provisions of the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978].
History: 1953 Comp., § 45-5-47, enacted by Laws 1978, ch. 175, § 1; 1987, ch. 234, § 79; 1997, ch. 137, § 4; 2003, ch. 88, § 5.
ANNOTATIONSRepeals and reenactments. — Laws 1977, ch. 254, § 61, repealed a former 45-5-47, 1953 Comp., relating to the powers and duties of the former soil and water conservation commission, and enacted former § 45-5-47, 1953 Comp.
Laws 1978, ch. 175, § 1, repealed former 45-5-47, 1953 Comp. (former 73-20-31 NMSA 1978), relating to powers and duties of the soil and water conservation division, and enacted a new 73-20-31 NMSA 1978.
The 2003 amendment, effective June 20, 2003, in Subsection A inserted "post-secondary educational" following "agency or" near the beginning, deleted "of learning" following "institution" near the beginning, and deleted "or detail" following "assign" near the middle; deleted "district" following "information for" near the beginning of Paragraph B(2); deleted "aid and" following "render" near the beginning of Paragraph B(6); and rewrote Subsection C.
The 1997 amendment, effective July 1, 1997, in Subsection A, substituted "studies pertaining to soil and water conservation for the commission and the department" for "studies for the soil and water conservation bureau of the division and for the commission"; in Subsection B, substituted "department" for "secretary" in the introductory language; and, in Subsection C, substituted "department and the board" for "secretary".
The 1987 amendment, effective July 1, 1987, deleted former Subsections A and B, concerning adoption of the seal, keeping of records, personnel, surety bonds and delegation of authority relating to the soil and water conservation division; redesignated former Subsection C as present Subsection A; in Subsection A, inserted "soil and water conservation bureau of the" preceding "division"; deleted former Subsection D, concerning rules and regulations; redesignated former Subsection E as present Subsection B; in Subsection B, in the opening clause substituted "secretary, with the advice of the commission shall" for "division shall as directed by the commission"; deleted former Subsection F, relating to the purchase and leasing of equipment and other personal property; added present Subsection C; and made minor language changes throughout the section.
Sale of personal property of district. — Unless the provisions of Section 13-6-2 NMSA 1978 are complied with, personal property of a soil conservation district (now soil and water conservation district) cannot be sold, regardless of how or from whom acquired, without first obtaining approval of the state board of finance. 1963 Op. Att'y Gen. No. 63-125.
Financial aid to districts by division limited. — If the commission directs the division to assist the districts in paying for their audits, then the division must, within its budgetary limits, render financial aid to the districts; in the absence of a commission directive, the division may not provide financial assistance to the districts for the audits. 1980 Op. Att'y Gen. No. 80-19.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States § 138.
