If any mayordomo or commissioner of any such ditch or acequia shall neglect or refuse to perform the duties required of him, fail to or [sic] conduct himself with propriety or justice in his office or take any bribe, in money, property, or otherwise as an inducement to act improperly, or neglect the duties of his office or be guilty of misfeasance, malfeasance or nonfeasance he shall be removed from office in an action brought in the district court of the county where the public ditch or acequia or larger portion thereof is located. Such action may be brought by any water user of such public ditch or acequia provided that no cost or expenses for such action shall be assessed to the water user of such district or acequia.
If a commissioner or mayordomo is removed as above provided the district judge removing him shall appoint a commissioner or mayordomo to serve until the next election.
History: 1941 Comp., § 77-1425a, enacted by Laws 1945, ch. 46, § 2; 1953 Comp., § 75-14-26.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For failure to perform duties with respect to bridges, see 73-2-46 NMSA 1978.
For failure to prosecute person interfering with ditch or using water unlawfully, see 73-2-64 NMSA 1978.
For penalties for misconduct by mayordomo or commissioner in certain counties, see 73-3-8 and 73-3-9 NMSA 1978.