The board of a contracting district, within 30 days after execution of a reclamation contract or within 30 days after the effective date of this act, whichever date is the later, shall by resolution determine and establish an apportionment of the annual assessments to be thereafter made from year to year against the real property within the district between Class "A" property and Class "B" property as in this act defined, providing in such resolution the percentage or fractional part of such total annual assessments thereafter to be levied in accordance with Section 8 [73-18-8 NMSA 1978] of this act which shall be apportioned to Class "A" property and that which shall be apportioned to Class "B" property. The action of the board of directors in establishing such apportionment shall be subject to the approval of the secretary of the interior and after the same shall have been approved shall be submitted to the conservancy court for judicial examination, approval and confirmation of such action as in Section 20 [73-18-20 NMSA 1978] hereof provided. Such apportionment may be modified in like manner from time to time thereafter, but not more frequently than once in every five years, and no such modification or reapportionment shall become effective until the same shall have been first approved by the secretary of the interior nor until such proposed reapportionment shall thereafter have been judicially examined, approved and confirmed by the conservancy court in the same manner as the original apportionment.

History: Laws 1939, ch. 148, § 7; 1941 Comp., § 77-3107; 1953 Comp., § 75-32-7.

Compiler's notes. — For the meaning of "this act", see the compiler's notes to 73-18-1 NMSA 1978.

Cross references. — For definition of conservancy court, see 73-14-3 G NMSA 1978.

No unlawful delegation of legislative power. — 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.

Generally. — Under this section, the governing board of the district, after the execution of a contract, determines and establishes an apportionment of the annual assessments to be made against Class "A" and Class "B" property. Such apportionment is subject to the approval of the secretary of the interior and the approval and confirmation of the conservancy court. Such apportionment may be modified not more frequently than once every five years after approval by the secretary of the interior and conservancy court in the same manner as the original apportionment. 1960 Op. Att'y Gen. No. 60-209.