After a reclamation contract has been entered into by a contracting district, except upon the written consent thereto of the secretary of the interior, no change shall be made in the organization or boundaries of such district, either by the exclusion therefrom of district lands, by the inclusion therein of new lands, or by dissolution of the district or otherwise.
History: Laws 1939, ch. 148, § 19; 1941 Comp., § 77-3119; 1953 Comp., § 75-32-19.
Interior secretary's power to classify land constitutional. — Provision of act (Sections 73-18-1 to 73-18-24 NMSA 1978) which recognizes power of the United States secretary of interior over the classification of lands in a conservancy district does not constitute an unlawful delegation of legislative power in view of additional provision for classification by the board of directors of the district "giving due consideration" to the secretary of interior's classification and in view also of provision for judicial examination of any resolution classifying the property. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
No unlawful delegation of legislative powers. — This act (Sections 73-18-1 to 73-18-24 NMSA 1978) does not constitute an unlawful delegation of legislative power to the secretary of interior because of the further provision that the action of the secretary on apportionment of assessments as between irrigable lands and others must be submitted to the conservancy court for judicial examination, confirmation and approval. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
Power granted to the secretary of interior under the 1939 act (Sections 73-18-1 to 73-18-24 NMSA 1978) is not unconstitutional as an unwarranted delegation of legislative power since it merely extends to him the same voice that ordinarily is extended to other money lenders or mortgagees to approve or veto any change calculated to increase or diminish size of the acreage which in part, at least, constitutes the security for the money advanced. In re Arch Hurley Conservancy Dist., 1948-NMSC-001, 52 N.M. 34, 191 P.2d 338.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters §§ 316, 338.
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