2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties
Section 73-3-4 - [County ditches; duties of officers; labor; distribution of water; accounts.]
The commissioners shall assess fatigue work or tasks of all parties owning water rights in said community ditches or acequias and shall regulate the price to be paid in lieu of said fatigue work, all of which shall be uniform. They shall also be the representatives of said acequias in all civil cases for or against the same. The mayordomo or superintendent shall be the executive officer of said ditch and have the superintendence of all work thereon and of the distribution of the waters thereof, with the collection of fines, if any, and of the amounts to be paid in lieu of fatigue or task work: provided, that he shall turn over to the treasurer of said ditch all moneys thus received, taking his receipt therefor: provided, however, that with the consent and approval of the chairman of the commissioners of said ditch, he may retain of the moneys by him thus collected such sums as are necessary to pay for fatigue work as well as repairs necessary to be made upon said ditch or any bridges, flood gates, boxes or dams necessary to be constructed or repaired. He may also, with the consent and approval of a majority of the commissioners, use of the moneys in the treasury such sums as are necessary for such purposes, drawing his approval warrant against the treasurer of said ditch commissioners whose duty shall be to cash the same and mark such warrants "paid" and report them to the commissioners for cancellation and destruction. Said mayordomo shall make full written reports of all moneys received, expended and how expended and of all his doings as such officer, to the commissioners of said ditch, semiannually, on the first Monday in June and the last Monday of September: provided further, that the mayordomo shall make such further reports as may be required by said ditch commissioners. The treasurer of said ditch commissioners shall make such reports to the ditch commissioners of the moneys received, expended and how expended, and kept in his custody as such treasurer and of all his doings as such officer as are herein required of the mayordomo. The commissioners shall receive and pass upon the reports of the mayordomo and the treasurer herein provided for before their term of office expires, and if the same are found to be true and correct they shall approve them, otherwise they shall reject them, respectively. All proceedings of the commissioners relating to all subjects whatsoever shall be reduced to writing in a book or books kept for that purpose and all books and papers so kept by said commissioners and all reports made, filed or kept as herein required shall always be and remain public property, and shall be subject to the inspection of all persons therein concerned.
History: Laws 1903, ch. 32, § 3; Code 1915, § 5790; C.S. 1929, § 151-506; 1941 Comp., § 77-1504; 1953 Comp., § 75-15-4.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978.
For maximum charge in lieu of fatigue work, see 73-2-24 NMSA 1978.
No further assessments by ditch acquired by conservancy district. — When a conservancy district has acquired a community ditch by eminent domain and compensated therefor, the commissioners and mayordomo may not levy upon a water user further assessments beyond those already paid, which were all that were due and owing. Middle Rio Grande Conservancy Dist. v. Chavez, 1940-NMSC-016, 44 N.M. 240, 101 P.2d 190.
Conservancy district may seek injunction. — Where mayordomo and commissioners of a community acequia acquired by a conservancy district denied water user, who had paid all assessments due from him to the district, the right to receive water until he should first pay assessments levied by ditch officers, conservancy district could enforce by injunction its right to control the flow of water in the ditch. Middle Rio Grande Conservancy Dist. v. Chavez, 1940-NMSC-016, 44 N.M. 240, 101 P.2d 190.
Standard for water distribution is beneficial use. — Mayordomo must distribute acequia water according to beneficial use by ditch owners. Acreage of land with water rights is controlling factor in apportioning water to members of acequia association, but other matters may also be considered. 1974 Op. Att'y Gen. No. 74-23.
