A board of county commissioners, upon certification of the need and estimated cost by the county flood commissioner, may contract to borrow funds through state or federal agencies or through the New Mexico finance authority for flood control purposes and may levy an annual tax at a rate not to exceed one dollar fifty cents ($1.50), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon a tax imposed under this section, on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of all the taxable property located within five miles of both sides of any river or stream which contributes to or is subject to flood conditions destructive to property or dangerous to human life. Such taxes shall be levied and collected for the purpose of creating a fund which shall be used to construct and maintain dikes, dams, embankments, ditches or such other structures or excavations necessary to prevent flood waters from damaging property or human life within such counties or to repay, according to their terms, any state or federal loans obtained for flood control purposes. Such tax shall be assessed, levied and collected as other taxes are collected and when so collected shall be known as the "county flood fund", and such fund shall be maintained in such a manner as to keep separate records of all flood control taxes collected from each stream or river drainage area. The taxes collected shall only be used and disbursed for flood control projects in the drainage area for which they were assessed in accordance with the provisions of Sections 4-50-1 through 4-50-9 NMSA 1978 and shall not be transferred to any other fund or purpose.

History: Laws 1921, ch. 163, § 2; C.S. 1929, § 33-5002; 1941 Comp., § 15-4702; 1953 Comp., § 15-50-2; Laws 1969, ch. 72, § 1; 1986, ch. 32, § 4; 1997, ch. 79, § 1.

The 1997 amendment, effective June 20, 1997, inserted "or through the New Mexico finance authority" in the first sentence.

Property subject to taxation. — Steam production equipment, consisting of turbines, boilers, pumps and fans, was real estate for taxation purposes where the utility company installed and maintained such equipment on special foundations, could not foresee moving it because of its huge size and weight and such equipment was the very heart of the company's business. In re Southwestern Pub. Serv. Co., 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.

Electric transmission and distribution substation equipment, consisting of transformers, switches and circuit breakers, was not real estate for taxation purposes since it was readily portable and had very little, if any, annexation or adaptation. In re Southwestern Pub. Serv. Co., 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.

Electric transmission lines, poles, line transformers, meters and such equipment frequently located on easements and public rights-of-way were not real estate for taxation purposes since they were changed or relocated frequently and were located on unowned land. In re Southwestern Pub. Serv. Co., 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.

Use of fund. — Money from the county flood fund may be used to prevent future damage from floods. 1922 Op. Att'y Gen. No. 22-3270.

County construction within city limits. — Sandoval County could use county flood funds to construct flood control structures located within the county and within the drainage area as set forth in this section, when necessary to prevent flood waters from rivers or streams from damaging life and property, even if the structures lay within the Rio Rancho city limits. 1988 Op. Att'y Gen. No. 88-30.

Prohibited use of funds. — County funds raised by special tax for specific purposes are not subject to transfer to pay salaries of county officers. 1933 Op. Att'y Gen. No. 33-631.