2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 20 - Soil and Water and Watershed Conservation Districts
Section 73-20-45 - Specific powers of districts.

A district, by and through its supervisors, is authorized to:

A. sue and be sued in the name of the district;

B. adopt an official seal;

C. contract, convey and make and execute other instruments and documents necessary or convenient to the exercise of district powers;

D. borrow money and otherwise contract indebtedness for the purposes of the district and, without limitation of the generality of the foregoing, borrow money and accept grants from the United States or from a corporation or agency created or designated by the United States and, in connection with any such loan or grant, enter into agreements as the United States or the corporation or agency may require; and issue its notes or obligations therefor and secure the payment thereof by mortgage, pledge or deed of trust of all or any of its property, assets, rights, privileges, licenses, rights-of-way, easements, revenues or income;

E. option, as optionee and optioner, and acquire, in any manner, real and personal property or any right or interest in it;

F. improve, rent, lease and sell district property or any interest in it;

G. receive, invest and reinvest rents and income from district property and expend rents and income for district purposes; and

H. accept contributions, gifts and donations and expend and utilize them to further district purposes.

History: 1953 Comp., § 45-5-60, enacted by Laws 1965, ch. 137, § 19; 2003, ch. 88, § 17.

The 2003 amendment, effective June 20, 2003, deleted "soil and water conservation" following "A" at the beginning of the section; and deleted "Neither the State Purchasing Act nor any other statute, except the Soil and Water Conservation District Act, shall apply to the acquisition, use or disposition of district property." at the end of Subsection H.

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

Repeal by implication. — Former Subsection H of this section is repealed by implication by the Public Purchases Act (now Procurement Code, 13-1-28 to 13-1-199 NMSA 1978) insofar as the two are repugnant. 1967 Op. Att'y Gen. No. 67-110.

Borrowing authorized. — 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.

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

Suit by subcontractors not authorized. — There was no statutory consent by state to suit against former soil conservation district by laborers or materialmen dealing with prime contractor rather than directly with district, and no such liability could be implied. 1958 Op. Att'y Gen. No. 58-148.

Contractor's creditors could not impose lien against former soil conservation district for contractor's debts. 1958 Op. Att'y Gen. No. 58-148.

Collection for work done. — District attorney was required to represent former soil conservation district in collecting for work done by district for members thereof. 1959 Op. Att'y Gen. No. 59-47.