A. Upon the appointment of seven members by the governor, the commission shall organize and designate a chairman, who shall serve at the pleasure of the commission.
B. In the performance of commission functions, a majority of the appointed members shall constitute a quorum; the concurrence of a quorum majority shall be required to carry or to determine any matter of commission business.
C. Members of the commission shall receive no compensation for their services but shall be entitled to be reimbursed in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History: 1953 Comp., § 45-5-46, enacted by Laws 1965, ch. 137, § 5; 1977, ch. 254, § 59; 2003, ch. 88, § 4.
The 2003 amendment, effective June 20, 2003, in Subsection A deleted "continuing commission" following "seven" near the beginning, and deleted "shall select and" following "majority of the" near the middle; substituted "appointed" for "continuing commission" near the middle of Subsection B; and deleted "for actual expenses incurred" following "to be reimbursed" near the middle of Subsection C.
Determination of quorum. — The rule generally is to the effect that a quorum is a certain number of the members of a body who are entitled to vote. The determination of the number for a quorum should be made on the basis of the ex-officio membership as well as the regular membership. 1960 Op. Att'y Gen. No. 60-13.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 61.
94 C.J.S. Waters § 320.
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