Whenever a majority of the resident freeholders owning more than one-half of the lands or the evidence of title to lands so owned in any district in the state of New Mexico, desire to provide for the irrigation of the same in cooperation with the United States under the federal reclamation law, or other federal laws, for the purpose of the construction of irrigation works, including drainage works, necessary to maintain the irrigability of lands within any such district, or for the purchase, extension, operation or maintenance of constructed works or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands, they may propose the organization of an irrigation district under the provisions of this act. When so organized, each district shall have the powers conferred by law, or that may be conferred by law, upon each irrigation district. Resident entrymen upon public lands of the United States, who are qualified electors, shall be considered as resident freeholders for the purposes of this act, and shall be qualified petitioners for the organization of an irrigation district and shall share all privileges and obligations of private landowners within the district subject to the terms of the act of congress approved August 11, 1916, entitled "An act to promote the reclamation of arid lands." Provided, that where ditches, canals or reservoirs have been constructed before March 18, 1909, such ditches, canals, reservoirs and franchises and the lands irrigated therefrom shall be exempt from the operations of this act; except such district be formed to purchase, acquire, lease or rent such ditches, canals, reservoirs and their franchises; or unless a statement signed by at least four-fifths in number of the owners of any such ditch, canal or reservoir and of the franchises and water rights thereof and the lands irrigated therefrom be filed with the board or boards of county commissioners of the county or counties in which such ditch, canal, reservoir and lands are situate, giving their consent that such ditch, canal, reservoir, franchises, water rights and lands may be included in one or more irrigation districts, organized or to be organized under the provisions of this act.

Districts organized under this act shall have the following incidental powers: to take over the assets and assume the liabilities of water users' associations organized for cooperation with the United States under the provisions of the act of congress approved June 17, 1902, (32 Stat., 388) and acts amendatory thereof, in case a majority of the lands of each association shall be within such district, subject to the provision that the shareholders of such association shall by vote, as provided by their articles of incorporation and bylaws, assent and agree that such assets and liabilities shall be so taken over; to construct, operate, lease and control plants for the generation, distribution, sale and lease of electrical energy, including the sale to municipalities, corporations, firms or individuals of the electrical energy so generated; to promote the agricultural resources and marketing facilities of the district, and to make any appropriation of money, or to take any and all other action necessary to effectuate the purposes here enumerated.

History: Laws 1919, ch. 20, § 1; C.S. 1929, § 73-101; 1941 Comp., § 77-2201; 1953 Comp., § 75-23-1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The term "this act" refers to Laws 1919, ch. 20, provisions of which are compiled as 73-10-1 to 73-10-6, 73-10-8, 73-10-10 to 73-10-12, 73-10-14 to 73-10-22, 73-10-24 to 73-10-44, 73-11-1, 73-11-2, 73-11-4, 73-11-6 to 73-11-10, 73-11-12, 73-11-27 to 73-11-29, 73-11-31 to 73-11-33, 73-11-36, 73-11-49, 73-11-52, 73-11-53 NMSA 1978.

Cross references. — For special assessments in improvement districts, see 73-11-16 NMSA 1978.

For the definition of "irrigation district," see 73-13-43 NMSA 1978.

For impounding animals in irrigation districts, see 77-14-8 to 77-14-12, 77-14-13 to 77-14-24 NMSA 1978.

For the federal reclamation laws, which include the act of June 17, 1902, see 43 U.S.C. § 371 et seq.

For the Act of August 11, 1916, see 43 U.S.C. §§ 621 to 630.

United States indispensable party to proceedings. — As the owner of reservoirs within an irrigation district, the United States was an indispensable party in an action by members of the district for a writ of mandamus to compel it to release waters from the reservoirs. Brantley Farms v. Carlsbad Irrigation Dist., 1998-NMCA-023, 124 N.M. 698, 954 P.2d 763.

Law reviews. — For comment, "Protection of the Means of Groundwater Diversion," see 20 Nat. Resources J. 625 (1980).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 56, 88.

Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to Reclamation Act to a perpetual right beyond the control of the Federal Government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320.

Irrigation: validity, construction, and application of § 5 of Reclamation Law of 1902 (43 U.S.C.S. § 431) prohibiting sale of right of use of water for land in private ownership for tract exceeding 160 acres to any one landowner unless he is bona fide resident or occupant of such land residing in neighborhood, 27 A.L.R. Fed. 831.

94 C.J.S. Waters § 318.