New Mexico § 73-2-26 - Actions for collection of assessments.

§ 73-2-26. Actions for collection of assessments.

A. Whenever any person, after due notice, has failed to do work or has failed to pay

any amount assessed against the person on any acequia or ditch, the mayordomo or superintendent

of the acequia or ditch may bring a civil action for collection of the amount assessed. The magistrate courts and the district courts have concurrent jurisdiction in these

actions and the actions may be brought in either forum at the election of the ditch

officials. If the ditch officials engage the services of an attorney to assist in the collection

of the assessments, the court shall charge the offending party with a reasonable amount

for attorney fees incurred in the collection, if the ditch officials prevail in the

action. B. Any person who continues to take or use water from the acequia or ditch without

paying the assessments and attorney fees as set by a judgment under this section shall

pay a civil penalty for the benefit of the ditch or acequia of not more than two hundred

dollars ($200). The penalty may be recovered in an action by the ditch officials before the court

in the county where the acequia or ditch is located. C. A money judgment rendered in a magistrate court or district court under this section

shall be a lien on the judgment debtor's property to which the water rights that incurred

the fees or assessments are appurtenant. The lien shall be effective from the date of filing a certified copy of the judgment,

if obtained from a magistrate court, or a transcript of the judgment, if obtained

from a district court, in the office of the county clerk of the county in which the

property is located; provided that a judgment shall not be filed with the county

clerk pursuant to this subsection before the last day to appeal the judgment has expired

and until all appeals taken are exhausted. The acequia or community ditch officials shall provide written notice to the property

owner that a lien has been placed on the property. When the judgment has been fully satisfied, the acequia or community ditch officials

shall file a release of lien in the office of the county clerk of the county in which

the property is located within fifteen days. The cost of filing the release of lien shall be assessed against the judgment debtor

and shall be collected before the release of lien is required to be filed.