§ 73-18-2 — Additional powers; duties of board; contract indebtedness

a general obligation. A. Any district, in addition to all other powers heretofore conferred by law upon districts, is empowered to cooperate with the United States under the reclamation law and in the exercise of such power may enter into a reclamation contract or contracts for the purpose of the construction of irrigation works, including ancillary works and drainage works to maintain the irrigability of lands within any such district; for the purchase, extension, operation or maintenance of constructed works; for the assumption as principal or guarantor of indebtedness to the United States on account of the cost of construction or operation and maintenance of irrigation, drainage and ancillary works; for rental of water or otherwise securing a water supply for district lands; for acceptance of appointment or designation of the district as fiscal agent of the United States to make collections of monies for or on behalf of the United States in connection with any federal reclamation project, or for all or any one or more of said purposes; and all payments to become due to the United States under any reclamation contract heretofore or hereafter entered into between a district and the United States shall be paid by revenue derived from an annual assessment upon the real property of the district and all the real property in the district shall be and remain liable to be assessed for such payments until fully made. It shall be the duty of the board of a contracting district, notwithstanding any other provision of the Conservancy Act, to make and establish all levies, assessments, tolls or charges to meet each year the contract indebtedness and obligation as the same may be provided for in any reclamation contract heretofore or hereafter entered into by a contracting district and to do any and all acts necessary to carry out the provisions of any such reclamation contract. B. A contracting district: (1) may convey to the United States land or water rights or any interest therein, either without monetary consideration therefor or in partial consideration of the privileges derived from a reclamation contract or for other consideration; (2) may, and if so agreed in a reclamation contract shall, withhold water from lands which under the terms of the reclamation law, a reclamation contract or rules and regulations thereunder are not entitled to receive water, and from water users or the lands of water users delinquent in the payment of any assessment, toll, rental or other charge, but this remedy shall be in addition to all other remedies available for the enforcement of a reclamation contract or collection of assessments, tolls, rentals or other charges; and (3) may accept the provisions of any existing or future act of congress applicable to such district. C. The board of directors of any contracting district is hereby vested with all powers necessary and requisite for the accomplishment of the purposes for which the district is organized and for which the reclamation contract has been entered into by the district, and capable of being delegated to it by the legislature of the state of New Mexico; and no enumeration of particular powers in the Conservancy Act or in this act granted shall be construed to impair any general grant of power herein contained, nor to limit any such grant to power or powers of the same class or classes as those so enumerated.

Legislative History

Laws 1939, ch. 148, § 2; 1941 Comp., § 77-3102; 1953 Comp., § 75-32-2.