New Mexico § 73-1-13 - Commissioners; property included in district; directors' districts; election code; compensation of commissioners; employees; expenses

§ 73-1-13. Commissioners; property included in district; directors' districts; election code; compensation of commissioners; employees; expenses

Within ten (10) days after entering the decree declaring the district organized, the

court shall appoint three (3) owners of lands within the district, representative

of all parts of the district, to determine and define the boundaries of such district

and to make up a list of the property to be embraced and included in the district,

the persons so appointed to be hereinafter referred to as the “commissioners”. Said commissioners shall include all property in the district which has, within four

years, received some benefit, either directly or indirectly, from the artesian waters

underlying the district, or which may be benefited in some degree by the improvements

to be made by the district. Property benefited by the artesian waters, and the improvements to be made by the

district, shall include property upon which waters from such basin, or basins, is,

or may be, used for irrigation, domestic, public or commercial purposes, and shall

include any such property, whether the same be owned by an individual, corporation,

village, town, city or other municipality or public corporation. The commissioners in making up a description of the property and list of owners thereof

to be embraced in, or affected by, the district, shall have access to the assessment

or tax rolls of the county, or counties, wherein the lands are situated, and may hear

and determine all protests concerning any particular tract or parcel of land to be

included in the district, at such time, and in such manner and upon such notice, as

they may prescribe, subject to the right of appeal to the district court, which appeal

shall be heard and determined by said court at the time provided for the entering

of the final decree respecting the boundaries of the district and property to be embraced

therein, as herein provided, and after completing such list and defining the boundaries

of the district and the lands to be embraced therein, said commissioners shall, with

the approval of the court, divide said district into five (5) sections, or divisions,

having due regard for the value and amount of acreage to be included in each, so that

there will be an equitable relationship in value and acreage between the several sections,

or subdivisions, of the district. Said subdivisions shall be numbered one to five, and shall be known as “directors'

districts”. The commissioners shall draft an election code to govern the method and prescribe

the procedure for the election of directors from each of the directors' districts. Said code shall provide for the election of a director from each of said districts

by popular vote of the property owners in the same respectively, owning property affected

by the district, and whether residing therein or not. Each director, so elected, at the time of his election must be a freeholder in the

district from which he is elected. After being approved by the court, as hereinafter provided, the said election code

may be changed only by unanimous consent of the directors elected pursuant thereto. Said list of property, and the election code, shall be approved by the court, by entering

a decree as herein provided, but said list shall be subject to the correction of errors

in description of the property affected at any time upon order of the court. A copy of the election code, as approved, shall be filed in the original court proceeding,

and the same ordered printed for use of those desiring copies, the cost of which shall

be taxed as costs in the proceeding. The commissioners so appointed are hereby vested with full power and authority to

employ, with the approval of the court, legal counsel, clerical and stenographic help

necessary for carrying out their duties as herein prescribed, the compensation of

such employees to be fixed by the court. The commissioners shall each receive five ($5.00) dollars for each day's service

in performing their duties, but not to exceed one hundred and fifty ($150.00) dollars

each. The expenses incurred by said commissioners, and the salaries of their employees

and their compensation, shall also be taxed as costs in the original proceeding, and

said commissioners are hereby authorized to borrow, with the approval of the court,

an amount sufficient to pay all costs of the proceedings so taxed, at a rate of interest

not to exceed eight (8%) percent, which said loan shall be a debt, charge and valid

obligation of the district, to be paid out of the proceeds from the first tax levy

hereinafter provided for.