2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 6 - Drainage Districts; Formation
Section 73-6-1 - Drainage district; petition for; contents.

Whenever twenty-five percent of the adult owners of lands owning one-fourth of the lands within any district of land to be reclaimed or benefited, desire to construct one or more drains or ditches, or to acquire by purchase or otherwise, drains theretofore constructed, or outlets for drains, for the promotion of agricultural interests and the drainage of said lands or desire to maintain and keep in repair any such drain or ditch theretofore constructed or to protect any such drain or ditch or the land so drained from floods, such owners may file in the district court of any county in which the lands, or any part of them shall lie, a petition setting forth:

A. the proposed name of said drainage district;

B. the necessity of the proposed drainage work, describing the necessity;

C. a general description of the proposed starting points, routes and termini of the proposed drains or ditches;

D. a general description of the drain or drains of ditch or ditches theretofore constructed, which it is intended to maintain and keep in repair, and of the land thereunder, which it is intended to protect from floods;

E. a general description of the lands proposed to be included in said district;

F. the names of the owners of all lands in said district, when known;

G. if the purpose of said petitioners is the enlargement, repair and maintenance of a ditch or drain [or] other work theretofore constructed, said petition shall give a general description of the same, with such particulars as may be deemed important;

H. said petition shall pray for the organization of a drainage district by the name and with the boundaries proposed, and for the appointment of commissioners for the execution of this and the following sections.

History: Laws 1912, ch. 84, § 1; Code 1915, § 1877; Laws 1921, ch. 166, § 1; C.S. 1929, § 40-101; 1941 Comp., § 77-1801; 1953 Comp., § 75-19-1.

Bracketed material. — The bracketed word "or" in Subsection G has been inserted by the compiler, although the 1921 amendment had removed that conjunction.

Law constitutional. — Laws 1912, ch. 84, does not violate N.M. Const., art. II, § 20, prohibiting the taking of private property for a public use without just compensation. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.

Laws 1912, ch. 84, is not unconstitutional as violating N.M. Const., art. III, § 1, relating to the legislative power, because the duties imposed by the act are judicial in character. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.

Laws 1912, ch. 84, does not violate N.M. Const., art. V, § 5, relating to governor's appointive and removal power, because the commissioners of drainage districts are not of the contemplated class. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.

Laws 1912, ch. 84, does not violate N.M. Const., art. XI, § 6 (repealed, see now art. XI, § 2), relating to duties of corporation commission (now public regulation commission), because drainage districts are public corporations of a class not comprehended by that section of the constitution. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.

Right to withdraw name from petition. — Any person signing the petition has the right to withdraw his name at any time before the district court has finally acted upon the petition and determined that it is signed by the number required to create the drainage district. In re Bernalillo County Drainage Dist. No. 1, 1919-NMSC-004, 25 N.M. 171, 179 P. 233.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 3, 4, 6, 8, 9, 10, 19; 45 Am. Jur. 2d Irrigation §§ 55 to 68.

Scope and import of term "owner" in statutes relating to formation of drainage districts, 2 A.L.R. 791, 95 A.L.R. 1085.

Constitutionality of statutes for formation or change of drainage districts, 69 A.L.R. 285.

Liability of irrigation district for damages, 160 A.L.R. 1165.

Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 A.L.R.2d 595.

Liability for diversion of surface water by raising surface level of land, 88 A.L.R.4th 891.

28 C.J.S. Drains § 8 et seq.; 93 C.J.S. Waters § 45.