Chapter 72, Article 16 NMSA 1978 may be cited as the "Arroyo Flood Control Act".
History: 1953 Comp., § 75-36-1, enacted by Laws 1963, ch. 311, § 1; 2018, ch. 79, § 101.
ANNOTATIONSCross references. — For municipalities, authority to protect against flood, see Chapter 3, Article 41 NMSA 1978.
For flood control generally, see Chapter 4, Article 50 NMSA 1978.
For applicability of conservancy districts act, see 73-14-2 NMSA 1978.
The 2018 amendment, effective July 1, 2018, changed "This act" to "Chapter 72, Article 16 NMSA 1978".
This act does not deprive owners of their property without due process of law, nor does it deny them the equal protection of the law. Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Boundaries of flood control authority were not arbitrarily and capriciously fixed by the legislature nor does this act contravene the due process clause. Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Fact some residents receive more benefit than others. — Under this section, the fact that there may be residents or property owners in some portions of the area who receive a greater benefit than others, or that some actually receive no benefit from the improvements and are in no apparent danger of damage from floods, cannot stand in the way of a general governmental policy declared by the legislature in the interest of the public welfare and benefit. Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.
Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Levees and Flood Control §§ 1, 2.