The provisions of these sections shall apply only to such ditches as have been heretofore and are now known and regarded as community ditches, under the laws of this state; and under the provisions of said sections, shall be construed to mean such ditches as are not private, and such as are not incorporated under the laws of this state or of some other state or territory, and are held and owned by more than two owners as tenants in common, or joint tenants.
History: Laws 1895, ch. 1, § 8; C.L. 1897, § 14; Code 1915, § 5756; C.S. 1929, § 151-426; 1941 Comp., § 77-1424; 1953 Comp., § 75-14-25.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The words "these sections" and "said sections" means §§ 5744, 5746, 5753, 5755 and 5756, Code of 1915. The 1915 Code sections were continuation of Ch. 1, §§ 1 to 9 Laws of 1895. See the Repealing and Saving Clause of the [1915] Codification. These sections are compiled as 73-2-11, 73-2-12, 73-2-14, 73-2-21, 73-2-25 and 73-2-27 NMSA 1978.
Meaning of "these sections". — This section does not apply to Section 73-2-5 NMSA 1978. Cox v. Hanlen, 1998-NMCA-015, 124 N.M. 529, 953 P.2d 294, cert. denied, 124 N.M. 418, 952 P.2d 19.
Earthen dam distinguished from community ditch. — Unlike community ditches, an earthen dam for impounding of water for irrigation system which is owned by a nonprofit corporation is subject to taxation. Storrie Project Water Users' Ass'n v. Gonzales, 1949-NMSC-052, 53 N.M. 421, 209 P.2d 530 (1949).
Law reviews. — For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).