2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 20 - Soil and Water and Watershed Conservation Districts
Section 73-20-44 - Districts; description; general powers of districts.

A "soil and water conservation district", organized under or perpetuated by the provisions of the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978], is a governmental subdivision of the state, a public body politic and corporate. By and through its supervisors, a district may:

A. conduct research, investigations and surveys treating soil erosion and floodwater and sediment damage, concerning the conservation, development, utilization and disposal of all waters and relating to control programs and public works necessary to facilitate conservation and development. To prevent duplication of research activities, district investigative programs shall be initiated in cooperation with a governmental unit, if any, conducting or charged with the conduct of research in the same or similar scientific field;

B. publish and disseminate research findings and preventive and control measures relating to resource conservation and development;

C. with the consent and cooperation of the landowner or the state or federal agency administering the land, conduct projects upon land within the district to demonstrate by example the methods by which soil and other natural resources may be conserved, by which soil erosion in the form of blowing and washing may be controlled or prevented and by which flood prevention and the conservation, development, utilization and disposal of water may be carried out; the projects may include, but shall not be limited to, engineering operations, methods of cultivation and variations in land use;

D. assist, contract with and render financial aid to district landowners and state or federal agencies administering land within the district that are engaged in erosion control and prevention projects, flood prevention works or the conservation, development, utilization and disposal of water within the district;

E. make available to district landowners, on such terms as the supervisors may prescribe, tools, machinery, equipment, fertilizer, seeds and other materials to assist the landowners in initiating and developing natural resource conservation and development projects;

F. develop comprehensive plans for natural resource conservation, development and utilization, including flood prevention, control and prevention of soil erosion and the development, utilization and disposal of water; the plans shall be detailed and shall specify as completely as possible the necessary or desirable acts, procedures, performances and avoidances to implement the plan, including engineering specifications, methods of cultivation, cropping programs, tilling practices and land use changes;

G. foster, publish and promote district natural resource development plans and their adoption and development by landowners within the district;

H. acquire or administer the project of any other governmental agency undertaken to provide for the conservation, development and utilization of natural resources within the district;

I. act as agent for any instrumentality or agency of the state or of the federal government in the acquisition, construction, operation or administration of a natural resource conservation, utilization or development project or program within the district; and

J. construct, improve, operate or maintain physical projects and structures necessary or convenient for the performance of any authorized district function.

History: 1953 Comp., § 45-5-59, enacted by Laws 1965, ch. 137, § 18; 2003, ch. 88, § 16.

The 2003 amendment, effective June 20, 2003, changed "Districts defined; general" to read "Districts; description; general" in the section heading; inserted "or federal" following "the state" near the beginning of Subsection C; inserted "or federal" following "the state" near the beginning of Subsection D; inserted "and utilization" following "development" near the beginning of Subsection F; and in Subsection H, deleted "soil conservation, erosion control, erosion prevention, flood prevention or" following "provide for" near the middle and substituted "of natural resources" for "or disposal of water" near the end.

Exemption from Procurement Code. — Soil and water conservation districts are not exempt from Public Purchases Act (now Procurement Code, 13-1-28 to 13-1-199 NMSA 1978). 1967 Op. Att'y Gen. No. 67-111.

Borrowing funds. — Since soil and water conservation districts are political subdivisions of this state they qualify as entities to which interstate stream commission can lend money, and such district is authorized to borrow funds from the commission. 1972 Op. Att'y Gen. No. 72-54.

Lending to members. — Soil and water conservation district may lend funds borrowed from interstate stream commission to its members. 1972 Op. Att'y Gen. No. 72-54.

Licensing law inapplicable. — Water or soil conservation district located anywhere in state may undertake any type of work authorized under Soil and Water Conservation District Act; former contractors' license board had no authority to license a water or soil conservation district. 1966 Op. Att'y Gen. No. 66-48.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 321.