HB 379 — ACEQUIA PROPERTY LIENS FROM COURT JUDGEMENTS

HOUSE BILL 379 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Christine Chandler Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

ALLOWING ACEQUIAS AND COMMUNITY DITCHES TO h OBTAIN A LIEN ON PROPERTY PURSUANT TO MAGISTRATE AND DISTRICT g o COURT JUDGMENTS.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 73-2-26 NMSA 1978 (being Laws 1963, e u g e b l e e h Chapter 29, Section 1, as amended) is amended to read:

n d d i = = o h "73-2-26.

ACTIONS FOR COLLECTION OF ASSESSMENTS--LIEN.--ASSESSMENTS-- lLIEN.-- ] b ,d i a º e A.

Whenever any person, after due notice, has rfailed ito =do rwork tor ehas wfailed dto mpay aany namount oassessed failedagainst tothe doperson [his]on workany acequia or hasditch, failedthe tomayordomo payor anysuperintendent amountof dthe macequia :or ditch may bring a civil action for collection of the amount assessed.

b e d s º o t n = .211922.2 s k m e e a n e d r e l u [ A d assessed against [him] the person on any acequia or ditch, the mayordomo or superintendent of the acequia or ditch may bring a civil action for collection of the amount assessed.

Any person who continues to take or use water HB 379/a from the acequia or ditch without paying the assessments and Page 1 attorney fees as set by a judgment under this section shall pay a civil penalty for the benefit of the ditch or acequia of not more than two hundred dollars ($200).

The penalty may be h recovered in an action by the ditch officials before the court u » r in the county where the acequia or ditch is located.

t h g e l i C.

A money judgment rendered in a magistrate court h r i s or district court under this section shall be a lien on the h , e h judgment debtor's property to which the water rights that t u g e b l e e , gh incurred the fees or assessments are appurtenant.

The lien n d d i = = o h shall be effective from the date of filing a certified copy of l ] b ,d i a º r the judgment, if obtained from a magistrate court, or a etranscript rof =the tjudgment, eif wobtained dfrom m a ndistrict ocourt, transcriptin the office of the judgment,county ifclerk obtainedof fromthe acounty districtin court,which dthe mproperty :is located;

bprovided rthat ea tjudgment ºshall onot tbe nfiled =with .211922.2the scounty kclerk mpursuant eto -this 2subsection -before ethe alast nday eto dappeal r e l u [ A d in the officejudgment ofhas theexpired countyand clerkuntil ofall theappeals countytaken inare whichexhausted. the property is located;

provided that a judgment shall not be filed with the county clerk pursuant to this subsection before the last day to appeal the judgment has expired HJCºHAWCºand any appeal filed in final»HAWC»HJC HJCºand until all appeals taken are exhausted»HJC .

When the judgment has been fully satisfied, SJCºit is the duty of »SJC the acequia or community ditch officials SJCºto»SJCshall SJCºshall»SJC file a release of lien in the office of the county clerk of the county in which the property is located SJCºwithinwithin fifteen days»SJC.days.

The cost of filing the release of lien shall be assessed against the judgment debtor and shall be collected before the release of lien is required to HB 379/a Page 2 be filed.filed." HB 379/a Page 3 3 5 7 9 25

SJCºAll liens pursuant to this section shall be first h u and prior liens on the property subject only to the lien of » r t h federal, state or county taxes.»SJC" g e l i - 3 - h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211922.2 s k m e e a n e d r e l u [ A d