The officers of community ditches or acequias shall consist of three commissioners and one mayordomo or superintendent, each of whom shall be the owner of an interest in the ditch or the water therein. The officers shall be elected biennially on the first Monday of October of the odd numbered years and shall assume the duties of their offices not later than the first Monday of the following November. On or before the first Monday of November, the commissioners shall organize by the election of one of their number as chairman, another as secretary and the other as treasurer. The mayordomo and the treasurer, separately, shall give a bond to the state in a sum to be fixed by the commissioners. The condition of the bonds [is] to be for the accounting of all money coming into their hands by virtue of their respective offices and for the faithful performance of their respective duties. Two commissioners shall constitute a quorum and be a full board for the transaction of business at all times. In the event of a vacancy in the office of a mayordomo, the commissioners shall immediately appoint a mayordomo or superintendent to hold office until his successor is elected and qualified. In case of a vacancy in the office of a commissioner, the other two commissioners and the mayordomo, or any two of them, shall immediately appoint his successor who shall immediately qualify and hold his office until his successor is qualified. In case of the joint vacancy of two or more commissioners, a majority of the owners of the water rights in the ditch shall immediately appoint their successors who shall qualify and hold office as herein provided.

History: Laws 1903, ch. 32, § 1; Code 1915, § 5787; C.S. 1929, § 151-501; 1941 Comp., § 77-1501; 1953 Comp., § 75-15-1; Laws 1987, ch. 64, § 2.

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

Compiler's notes. — The Code of 1915, ch. CXIV, Article 3, "Provisions Applicable Only in Counties of Bernalillo, Sandoval, Sierra and Socorro Counties". The Code of 1915, ch. CXIV 3, § 5797 specifically provided that Article 3 shall not be applied to Dona Ana, Grant, Otero, Luna, Lincoln, Chavez, Eddy, Santa Fe, San Miguel, Mora, Guadalupe, Colfax, Union, Taos, Rio Arriba, San Juan, Quay, McKinley, Roosevelt or Valencia counties, as the same existed on March 11, 2003. Chapter CXIV, Article 3 of the Code of 1915 is a continuation of the Laws 1903, ch. 32.

Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978.

The 1987 amendment, effective June 19, 1987, added the present section heading; in the second sentence, substituted "biennially" for "annually" and inserted "of the odd numbered years" following "October"; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters §§ 339, 344.