All money so received by any county shall be placed in a special fund known and designated "the farm and range improvement fund" and shall be expended by the county as herein prescribed for the benefit of the county in the conservation of soil and water, the control of rodents and predatory animals and the extermination of poisonous and noxious weeds, the construction of dipping vats, spraying machines and other structures to control parasites on livestock, and for repair and maintenance of said vats, machines and structures and for the construction and maintenance of secondary roads. In the administration and expenditure of said special fund, the county commissioners shall seek the advice of and may cooperate with state and federal agencies and officials having knowledge of or engaged in activities similar to those for which said special fund may be expended as herein prescribed. Any payment made from said special fund shall first have the approval of the president of the New Mexico college of agriculture and mechanic arts [New Mexico state university], and shall be based on a voucher whereon the items and purposes of the proposed expenditure are stated in detail, and which shall bear in its face the written approval of the president of the New Mexico college of agriculture and mechanic arts [New Mexico state university], or the person who for the time being is performing the duties of that office; provided, however, that such approving officer may designate, by written designation, filed in the office of the county clerk, some person in the county to give, endorse and sign such approval in his name.

History: Laws 1939, ch. 125, § 2; 1947, ch. 57, § 1; 1941 Comp., § 7-306; 1953 Comp., § 11-3-6.

Bracketed material. — The bracketed material was added by the compiler and is not part of the law.

Compiler's notes. — The state school formerly known as the New Mexico college of agriculture and mechanic arts is now the New Mexico state university. See N.M. Const., art. XII, § 11.

Cross references. — For county roads, see 67-4-1 NMSA 1978 et seq.

For noxious weed control, see 76-7-1 NMSA 1978 et seq.

For rodent pests and predatory animals, see 77-15-1 NMSA 1978 et seq.

Congress and legislature did not intend that use of money be restricted to range land or ranches. — It was not the intent of congress in the Taylor Grazing Act, or of the legislature in this section, that the use of money for the purposes named therein should be limited to the range lands of the government being leased and from which the revenues are derived or to the individual ranches, but that it should be used for the benefit of the whole county wherever needed in the county, even to the exclusion of the federal ranges if the use of the funds should be deemed more necessary elsewhere. Secondary roads mean roads other than state highways anywhere in the county. 1939 Op. Att'y Gen. No. 39-3165.

Purchase of road machinery proper use of farm and range improvement fund. — Since this section prescribes that the farm and range improvement fund shall be expended for certain purposes including the construction and maintenance of secondary roads, in complying with it, the purchase of some road machinery for the purpose of improving secondary roads would be a proper expenditure by the county. 1939 Op. Att'y Gen. No. 39-3088.

Funds may be used to maintain central office for three grazing districts. — Whereas a central office for three grazing districts would help materially in furthering the objectives of this section, a portion of the moneys in the farm and range improvement fund may legally be used in maintaining such a district grazing office. 1946 Op. Att'y Gen. No. 46-4930.

Responsibility for the administration of the moneys rests squarely upon the county commissioners. — State and federal officials connected with the class of work mentioned in this section may outline and recommend procedure for the county commissioners, but it rests within the sound discretion of the latter whether they should follow such program. The only limitation on the commissioners is that the money must be expended in carrying out one or more of the purposes mentioned in this section. 1940 Op. Att'y Gen. No. 40-3446.

President of New Mexico state university cannot refuse approval of vouchers for proper use of money. — Since no moneys can be paid by the county treasurer from the fund established by this section, except on vouchers approved by the president of New Mexico state university, or by some person selected by him in writing, and since the responsibility for the administration of the fund is left to the county commissioners, it is clear that the legislature contemplated that said president would act in the capacity of an auditing official for the fund. But so long as the money is expended in the conservation of soil and water, the control of rodents and predatory animals, the extermination of poisonous and noxious weeds or the construction and maintenance of secondary highways, said president or his representative cannot refuse approval of vouchers listing the items and purposes of the proposed expenditure in detail. 1940 Op. Att'y Gen. No. 40-3446.