All community ditches or acequias, and their public employees acting lawfully and within the scope of their duties, and all associations created pursuant to the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978] are excluded from the waiver of immunity of liability under Sections 41-4-6 through 41-4-12 NMSA 1978.
History: 1953 Comp., § 5-14-12.1, enacted by Laws 1977, ch. 386, § 10; 2006, ch. 54, § 1; 2006, ch. 55, § 1.
The 2006 amendment, effective May 17, 2006, provided that public employees of community ditches or acequias acting lawfully and within the scope of their duties are excluded from the waiver of immunity of liability and changed the statutory reference from Sections 5-14-6 through 5-14-12 NMSA 1953 to Sections 41-4-6 through 41-4-12 NMSA 1978.
Laws 2006, ch. 54, § 1 and Laws 2006, ch. 55, §1 enacted identical amendments to this section. The section was set out as amended by Laws 2006, ch. 55, §1. See 12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 57 Am. Jur. 2d Municipal, County, School, and State Tort Liability §§ 338 to 427.
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