For the purpose of defraying the expenses incident to the organization of the district and the care, operation, management, repair and improvement of all drainage works and property of the district, including salaries of officers and employes, and all expenses necessarily incident to the conduct of the business of said district, the board of directors may provide for the payment of all such expenses by levy of assessment therefor in the manner hereinbefore specified. The board of directors shall have the power to construct its drainage canals, ditches or other conduits or drainage works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of any such drainage works may intersect or cross; and if the owners of any such property so intersected or crossed, or those in control thereof, shall fail to agree with such board of directors upon the amount to be paid for such intersection or crossing, or as to the points or manner of such crossings, the controversy shall be determined in all respects in accordance with the provisions of law relative to the taking of lands for public uses.

Right-of-way is hereby given, dedicated and set apart to locate, construct and maintain any such drainage works over, through or upon any of the lands which are now or hereafter may be the property of the state.

Lands belonging to the state embraced within the limits of any such drainage district shall in all other respects be subject to the provisions of this act [73-8-1 to 73-8-60 NMSA 1978]; and the officers of the state who are authorized to administer the laws of the state with reference to state lands, and to disburse funds derived therefrom, are hereby authorized and empowered to take such action and make such disbursements from such funds as shall from time to time be required in order to comply with the provisions of this act applicable to any such lands embraced within any such drainage district.

History: Laws 1917, ch. 22, § 32; C.S. 1929, § 40-232; 1941 Comp., § 77-2032; 1953 Comp., § 75-21-32.

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

Compiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.

Cross references. — For general condemnation statutes, see Chapter 42A NMSA 1978.

For duty to build bridge where ditch crosses highway, see 67-7-9 and 72-8-2 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 88.