2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 5 - Water Users' Associations
Section 73-5-2 - Certificate of organization; contents.

The incorporators of a water users' association shall execute a certificate setting forth:

A. the name of the association. No name shall be assumed that is in use by another association or corporation in this state, or so nearly similar as to lead to uncertainty or confusion;

B. the names of the incorporators;

C. the location of the association's principal office in this state;

D. the objects and purposes of the association, the county or counties in which its operations are to be carried on and the general description of the lands to be irrigated and the reservoirs, canals, ditches or works to be constructed, enlarged, combined or used under the management of the association;

E. the amount of capital stock and number and denomination of the shares, or if the incorporators do not desire to issue shares of stock, the plan and manner of acquiring membership and of providing funds or means for the acquisition, construction, improvement and maintenance of its works and for its necessary expenses;

F. the period if any limited for the duration of the association;

G. the number and manner of electing the board of directors, trustees or governing board of the association, and may name the persons who shall serve as such for the first three months or until their successors are elected and qualified;

H. the address of its initial registered office and the name of its initial registered agent at that address; and

I. any provision, not inconsistent with Chapter 73, Article 5 NMSA 1978 or other law of this state, which the incorporators may choose to insert for the regulation and conduct of the business and affairs of the association, extending its membership, enlarging or changing the scope of its operations, creating and enforcing a lien upon the lands, reservoirs, canals, ditches, works and water rights of the association or its members for the cost of acquisition, construction, repair, improvement and maintenance of reservoirs, canals, ditches and other works, collecting the necessary funds for expenses and purposes of the association, defining or limiting its powers and for its dissolution and the distribution or other disposition of its property.

History: Laws 1909, ch. 76, § 2; Code 1915, § 5646; C.S. 1929, § 150-102; 1941 Comp., § 77-1602; 1953 Comp., § 75-17-2; 2001, ch. 200, § 82.

Compiler's notes. — The 1915 Code substituted "this chapter" for "this act," to refer to Code 1915, ch. 113, the provisions of which are derived from Laws 1909, ch. 76, and are compiled in the present article as 73-5-1 to 73-5-9 NMSA 1978.

The 2001 amendment, effective July 1, 2001, substituted "The incorporators of a water users' association" for "They"; added Subsection H, redesignating the remaining subsections accordingly; and deleted "the certificate or any amendment thereof made as in this chapter provided may also contain" from the beginning of Subsection I.