2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties
Section 73-3-3 - [Officers]; election; votes; canvass.

The election for acequia or community ditch officers, under this article, shall, be held by the outgoing commissioners, under written rules and regulations to be prescribed by them. Only those having water rights in the acequia or ditch, and who are not delinquent in the payment of their assessments shall be allowed to vote, but votes may be cast by written proxy. All votes shall be in proportion to the interest of the voter in the ditch or water, or in proportion to the number or amount of his water rights, which for election purposes, shall never exceed the lands under irrigation the outgoing year. They shall canvass the votes cast and shall record and publicly announce the result of the election within twenty-four hours after the close of the same. Contests, if any, shall be commenced and conducted as provided by law in the case of general elections for county officers, but the notice of contest shall be filed within fifteen days after the result of the election is announced as herein required.

History: Laws 1903, ch. 32, § 2; Code 1915, § 5789; Laws 1921, ch. 129, § 2; C.S. 1929, § 151-505; 1941 Comp., § 77-1503; 1953 Comp., § 75-15-3.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The words "this article" were substituted for "this act" by the 1915 Code; the reference is to Chapter CXIV, Article II, of the 1915 Code §§ 5787 to 5791, now compiled as 73-3-1 to 73-3-4, 73-3-5 and 73-3-7 to 73-3-11 NMSA 1978.

Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978.

Majority voting schemes not prohibited. — Considering the other portions of this article in pari materia with this section, there is no indication that the legislature intended to outlaw majority voting by ditch association members; the ambiguity of the language "in proportion to the interest of the voter in the ditch" indicates a legislative intent to provide for multiple alternatives in determining the appropriate voting scheme. Wilson v. Denver, 1998-NMSC-016, 125 N.M. 308, 961 P.2d 153.

Jurisdictional prerequisite. — The filing of a notice of contest within the fifteen-day period prescribed by this section is a condition precedent to district court jurisdiction. Wilson v. Denver, 1998-NMSC-016, 125 N.M. 308, 961 P.2d 153.

Quo warranto proceedings not affected. — The right of one claiming election as an acequia commissioner to proceed by quo warranto under Laws 1919, ch. 28 (Section 44-3-1 NMSA 1978 et seq.) was not affected by this section or Section 73-2-14 NMSA 1978. State ex rel. Besse v. District Court, 1925-NMSC-025, 31 N.M. 82, 239 P. 452.

One owner might have two or more votes. — Votes at an acequia election are in proportion to the interest of the voters in the ditch, and one owner might have two or more votes according to the rules of the commissioners. 1914 Op. Att'y Gen. No. 14-1360.

No party emblems unless division on party lines. — A political party emblem is not to be used at an acequia election unless the division is on party lines. 1914 Op. Att'y Gen. No. 14-1343.

Law reviews. — For note, "Who Controls New Mexico's Acequias? Acequia Government and Wilson v. Denver," see 40 Nat. Resources J. 727 (2000).