2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 8 - Drainage Districts Within Federal Reclamation Projects
Section 73-8-1 - [Organization of districts.]

Whenever a majority of the resident freeholders owning one-third in area of the lands, or evidence of title to lands so owned, within the limits of any federal reclamation project in the state of New Mexico shall desire to provide for the drainage of such lands or of any portion thereof, they may propose the organization of a drainage district under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978].

Such drainage districts may be formed in order to cooperate with the United States government in effecting and carrying out the purposes of this act through the construction of drainage works necessary to maintain the irrigability of lands within any such district, or for the purchase, extension, operation or maintenance of constructed works necessary for such purposes or for the assumption as principal or guarantor of indebtedness to the United States on account of the drainage of such district lands.

Districts so organized shall be empowered to take any and all action necessary to effectuate the purposes of this act.

History: Laws 1917, ch. 22, § 1; C.S. 1929, § 40-201; 1941 Comp., § 77-2001; 1953 Comp., § 75-21-1.

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

Compiler's notes. — The words "this act" in this section refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978, which was enacted to further New Mexico landowners' participation in federal projects authorized by 43 U.S.C. § 371 et seq.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 34; 45 Am. Jur. 2d Irrigation §§ 86 to 91.

Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to Reclamation Act to a perpetual right beyond the control of the federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320, 67 A.L.R.3d 914.

28 C.J.S. Drains § 8; 94 C.J.S. Waters § 333.