Declaration of organization.

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A. The court, upon receipt of the certified results of the election that a majority of the persons voting have voted in favor of creating the district, shall declare the district organized.

B. Thereupon, the district shall be a political subdivision of the state and a body corporate with all the powers of a public or municipal corporation. The district shall have power to sue and be sued, to incur debts, liabilities and obligations, to exercise the right of eminent domain and of taxation and assessment as provided in the Conservancy Act of New Mexico, to issue negotiable bonds, and to perform all acts necessary and proper for carrying out the purposes for which the district was created and for exercising the powers with which it is invested.

C. In its declaration, the court shall designate where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district, if practicable, and which may be changed by order of the court. The regular meetings of the board of directors shall be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established.

History: 1953 Comp., § 75-28-9, enacted by Laws 1965, ch. 76, § 5.

ANNOTATIONS

Repeals and reenactments. — Laws 1965, ch. 76, § 5, repeals 75-28-9, 1953 Comp., relating to declaration of organization of district, nature of district and contents of decree, and enacts the above section.

Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes to 73-14-1 NMSA 1978.

Cross references. — For form of decree, see Form II under 73-17-24 NMSA 1978.

Free license plates. — The middle Rio Grande conservancy district is a political subdivision of state and body corporate and is entitled to free license plates for its cars and trucks. 1932 Op. Att'y. Gen. No. 32-483 (rendered under former law).

Reports to be filed. — Conservancy districts are public bodies of the state and are required to file reports with the state comptroller (now state auditor). 1937 Op. Att'y Gen. No. 37-1784 (rendered under former law).

Granting of easements. — The state tax commission (now property tax division of taxation and revenue department) may grant easements for public purposes over tax deeded lands to the middle Rio Grande conservancy district. 1960 Op. Att'y Gen. No. 60-81 (rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319(2).


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