A. Whenever a majority of the resident freeholders owning more than one-half of the lands, or the evidence of title to the lands, in any district in the state desire to provide for the irrigation of the lands, they may propose the organization of an irrigation district under the provisions of Chapter 73, Article 9 NMSA 1978. When so organized, each district shall have the powers conferred by law upon irrigation districts. Provided that where ditches, canals or reservoirs were constructed before March 18, 1909, those ditches, canals, reservoirs and franchises and the lands irrigated from them shall be exempt from the operation of Chapter 73, Article 9 NMSA 1978, unless the district is formed to purchase, acquire or lease the ditches, canals, reservoirs and their franchises; or unless a statement, signed by at least four-fifths of the owners of any such ditch, canal or reservoir and of the franchises and water rights of them and of the lands irrigated from them, is filed with the board of county commissioners of each county in which the ditch, canal, reservoir and lands are situate, giving their consent that the ditch, canal, reservoir, franchises, water rights and lands may be included in one or more irrigation districts organized under the provisions of Chapter 73, Article 9 NMSA 1978, which statement shall be recorded in the office of the county clerk of the county.

B. Nothing in this section shall be construed to affect the status of an acequia or community ditch association as a political subdivision of the state if the acequia or community ditch association was established prior to the formation of the irrigation district and has been governed by officers elected pursuant to Chapter 73, Article 2 or 3 NMSA 1978 continuously since the formation of the irrigation district.

History: Laws 1919, ch. 41, § 1; C.S. 1929, § 73-201; 1941 Comp., § 77-2101; 1953 Comp., § 75-22-1; 2001, ch. 221, § 3.

Cross references. — For the definition of "resident freeholder," see 73-9-3 NMSA 1978.

For the purchase of tax certificates by irrigation districts, see 73-13-19 to 73-13-23 NMSA 1978.

For the definition of "irrigation law," see 73-13-43 NMSA 1978.

For Uniform Unclaimed Property Act, see Chapter 7, Article 8A NMSA 1978.

For impounding animals in irrigation districts, see 77-14-8 to 77-14-12 and 77-14-24 NMSA 1978.

The 2001 amendment, effective June 15, 2001, added the section heading, added Subsection B, and made stylistic changes throughout the section.

Not invalid as special legislation. — This section does not violate the sections of the New Mexico Constitution prohibiting class legislation, or special laws. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482, distinguished, State v. Pate, 1943-NMSC-007, 47 N.M. 182, 138 P.2d 1006.

Irrigation districts are not "municipal corporations" within the meaning of N.M. Const., art. V, § 13 or art. VIII, § 3. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.

Majority owning more than one-half land of district required. — Where it appears that the outer boundaries of a district include some 20,000 acres of land, of which 10,627 acres are irrigable, and petition is signed by owners of 7,600 acres of irrigable land within said outside boundaries, and, upon examination of the tabulated statement attached to the petition as to the ownership of lands, from which said irrigable lands are taken, it appears that more than 10,000 acres are owned by these particular landowners, and that this includes not only a majority of the land included within the outside boundaries, but also of irrigable land, the petition is a sufficient compliance with this section. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.

Irrigation projects cannot impair navigability. — Congressional acts providing for the reclamation of arid lands do not authorize appropriation of the waters of the source of navigable streams above the point of navigability, to such an extent as to destroy or seriously injure their navigability. United States v. Rio Grande Dam & Irrigation Co., 174 U.S. 690, 19 S. Ct. 770, 43 L. Ed. 1136 (1899).

Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 58 to 61.

"Owner," scope and import of term in statutes relating to formation of irrigation districts, 2 A.L.R. 791, 95 A.L.R. 1085.

Tax laws, irrigation district as a municipality within, 17 A.L.R. 81, 55 A.L.R. 639.

Covenant against encumbrances, easement for irrigation canal as breach of, 64 A.L.R. 1499.

Constitutionality of statutes for formation or change of irrigation districts, 69 A.L.R. 285.

Easement, irrigation ditch as charging purchaser of servient estate with notice of, 74 A.L.R. 1250.

Railroad company's right to permit construction of irrigation ditch over part of its right of way, 94 A.L.R. 530, 149 A.L.R. 378.

Liability of irrigation district for damages, 160 A.L.R. 1165.

Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 A.L.R.2d 595.

94 C.J.S. Waters § 319.