The authority is hereby authorized, empowered and directed, subject to the provisions of Section 7 [72-16-7 NMSA 1978] hereof, to acquire, equip, maintain and operate a flood control system for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable as preliminaries thereto. The flood control system consists of such facilities as the board may determine. When a comprehensive program for the acquisition of the flood control system satisfactory to the board is available, it shall be tentatively adopted. The program need only describe the proposed flood control system in general terms and not in detail. A public hearing on the proposed program shall be scheduled, and notice of the hearing shall be given by publication. After the hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the program as the board may consider desirable, or the board may approve the program as prepared. If any substantial changes to the program are ordered at any time, a further hearing shall be held pursuant to notice which shall be given by publication.

History: 1953 Comp., § 75-36-19, enacted by Laws 1963, ch. 311, § 19.

Maintenance of flood control system as proprietary activity. — The Albuquerque metropolitan arroyo flood control authority does not act for the public benefit generally, as distinguished from acting for its immediate benefit and its private good since it operates and maintains a flood control system for the benefit of the authority and the inhabitants thereof. Thus, AMAFCA's maintenance of its flood control system was not a governmental activity, but was proprietary, and AMAFCA could not interpose the defense of sovereign immunity to avoid liability for negligent acts in connection with the activity. Gallagher v. Albuquerque Metro. Arroyo Flood Control Auth., 1977-NMCA-029, 90 N.M. 309, 563 P.2d 103, cert. denied, 90 N.M. 636, 567 P.2d 485.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 24.