No person who has, after due notice, failed or refused to do his work, or pay the amount assessed against him in lieu of the work upon the acequia or ditch, shall be allowed to take or use any water from the same or any contra acequia or lateral thereof, while default on the payment of failure to do work continues. Any person who continues to take or use any water after having been given notice of failure or refusal to do his work, or pay the amount assessed against him in lieu of the work shall pay a civil penalty for the benefit of the ditch or acequia of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). The penalty may be recovered in an action by the ditch officials before the magistrate court in the county where the ditch is located.
History: Laws 1895, ch. 1, § 5; C.L. 1897, § 12; Code 1915, § 5755; C.S. 1929, § 151-425; 1941 Comp., § 77-1423; 1953 Comp., § 75-14-24; Laws 1977, ch. 184, § 1.
Cross references. — For penalty for failure to furnish laborers required by mayordomo, see 73-2-31 NMSA 1978.
For disposition of fines and forfeitures, see 73-2-32 NMSA 1978.
For provisions governing certain counties, see 73-3-5 and 73-3-6 NMSA 1978.
The 1977 amendment added "penalty" to the section heading, added the last two sentences and made minor changes in phraseology in the first sentence.
Generally as to remedy provided by section. — No remedy is provided for collection of assessments levied by acequia commissioners except the deprivation of delinquent party of the right to the use of water until payment is made. If party, after default and notice to quit takes and uses water, he is guilty of a misdemeanor. La Mesa Cmty. Ditch v. Appelzoeller, 1914-NMSC-033, 19 N.M. 75, 140 P. 1051 (decided before 1977 amendment of this section and the enactment of Section 73-2-26 NMSA 1978).
Statutory remedy exclusive. — Community officers are necessarily confined to remedy given. La Acequia de San Rafael del Guique v. Lopez, 1963-NMSC-134, 72 N.M. 349, 383 P.2d 826 (decided before 1977 amendment).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 96.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.