No person who has, after due notice, failed or refused to do his work, or pay the amount assessed against him in lieu of the work upon the acequia or ditch, shall be allowed to take or use any water from the same or any contra acequia or lateral thereof, while default on the payment of failure to do work continues. Any person who continues to take or use any water after having been given notice of failure or refusal to do his work, or pay the amount assessed against him in lieu of the work shall pay a civil penalty for the benefit of the ditch or acequia of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). The penalty may be recovered in an action by the ditch officials before the magistrate court in the county where the ditch is located.
History: Laws 1895, ch. 1, § 5; C.L. 1897, § 12; Code 1915, § 5755; C.S. 1929, § 151-425; 1941 Comp., § 77-1423; 1953 Comp., § 75-14-24; Laws 1977, ch. 184, § 1.
ANNOTATIONSCross references. — For penalty for failure to furnish laborers required by mayordomo, see 73-2-31 NMSA 1978.
For disposition of fines and forfeitures, see 73-2-32 NMSA 1978.
For provisions governing certain counties, see 73-3-5 and 73-3-6 NMSA 1978.
The 1977 amendment added "penalty" to the section heading, added the last two sentences and made minor changes in phraseology in the first sentence.
Generally as to remedy provided by section. — No remedy is provided for collection of assessments levied by acequia commissioners except the deprivation of delinquent party of the right to the use of water until payment is made. If party, after default and notice to quit takes and uses water, he is guilty of a misdemeanor. La Mesa Cmty. Ditch v. Appelzoeller, 1914-NMSC-033, 19 N.M. 75, 140 P. 1051 (decided before 1977 amendment of this section and the enactment of Section 73-2-26 NMSA 1978).
Statutory remedy exclusive. — Community officers are necessarily confined to remedy given. La Acequia de San Rafael del Guique v. Lopez, 1963-NMSC-134, 72 N.M. 349, 383 P.2d 826 (decided before 1977 amendment).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 96.