N.M. Stat. § 73-14-4

Current through 2024, ch. 69

Section 73-14-4 - Jurisdiction of the conservancy court

A. The conservancy court is hereby vested with jurisdiction, power and authority, when the conditions stated in Section 202 [73-14-5 NMSA 1978] are found to exist, to establish conservancy districts for all or any of the following purposes:

(1) preventing floods;

(2) regulating stream channels by changing, widening or deepening the same;

(3) regulating the flow of streams;

(4) diverting, controlling or in whole or in part eliminating watercourses;

(5) reclaiming, draining or filling wet and overflowed lands;

(6) of providing for irrigation where it may be needed and otherwise benefiting and developing agricultural lands or lands susceptible of irrigation or agricultural development;

(7) protecting public and private property from inundation.

Incident to the foregoing purposes and to enable their accomplishment, any district so established shall have the power to straighten, widen, deepen, divert or change the course or terminus of any natural or artificial watercourse; drainage, irrigation or community ditches, or acequias; to build reservoirs, canals, drainage, irrigation or community ditches or acequias, levees, walls, embankments, bridges or dams; to drain, reclaim or fill low lands and lands subject to overflow; to make improvements, to remove and to regulate and prescribe the location of improvements upon land; to maintain, operate and repair any of the construction herein named; to sink wells, to purchase, develop and reclaim waters for the purpose of using, distributing, selling or leasing the same; to construct, operate, lease and control plants for the generation, distribution, sale, lease and use of electric energy; to construct, maintain and operate irrigation and drainage works or systems, necessary to maintain the irrigability of lands within the district, or to purchase, extend, improve, operate and maintain constructed works; to cooperate and contract with the federal or any state government or agent or department thereof; to promote the agricultural resources and marketing facilities of the district; to levy assessments, issue bonds and make appropriations of money, and to do all things necessary to effectuate and fulfill the purposes of this act; and such powers shall also be appraised as herein provided.

B. The conservancy court shall thereafter, for all purposes of this act, except as heretofore or hereinafter otherwise provided, maintain and have original and exclusive jurisdiction coextensive with the boundaries of said district, and of lands and other property proposed to be included in said district or affected by said district, without regard to the usual limits of its jurisdiction.

C. No judge of such court wherein such petition is filed or other judge exercising administrative or judicial functions under the provisions of this act shall be disqualified to perform any duty imposed by this act by reason of ownership of property within any district or proposed district, or by reason of ownership of any property that may be benefited, taxed or assessed therein.

NMS § 73-14-4

Laws 1927, ch. 45, § 201; C.S. 1929, § 30-201; 1941 Comp., § 77-2704; 1953 Comp., § 75-28-4.