Wilson v. DenverWilson v. Denver
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- Before:
- Minzner
{1} Contestants-Appellees Doctor John Wilson, Nat Wilson, and Barbara Wilson pursued this consolidated action contesting two separate elections of several individuals to the seats of commissioner and mayordomo for the El Rito de la Lama Acequia Association (the Association). The district court granted summary judgment in favor of the Wilsons, and we granted Contestees-Appellants’ application for interlocutory appeal. We reverse the grant of summary judgment and remand for further proceedings.
I.
{2} The acequia at issue in this matter is located in the community of Lama in Taos County. Several neighboring families built the acequia around 1900 and, in 1902, formed a ditch association. Subsequently, in 1908, the families filed articles of incorporation for the Association with the Territorial Engineer and collectively filed for seven cubic feet per second water rights on La Acequia de la Lama for the purpose of irrigating a combined area of 640 acres. The water rights in the acequia were adjudicated in 1963 and 1980. In conjunction with the 1980 adjudication of water rights, the Association entered into a stipulation in 1979. The stipulation converted three of the domestic water rights of nine acre feet to domestic water rights of 0.27 acre feet each. These domestic water rights were transferred to a number of separate households having no other source of domestic water and no pre-existing water rights in the acequia.
{3} Currently, the Association divides the water rights in the acequia into share/ hours, with one share being the use of the full flow of the ditch for one hour per week. • Of the 168 share/hours of water rights in the acequia, the Wilson family owns 102.5 share/ hours. Thus, the Wilson family possesses 61% of the original water rights in the acequia.
{4} In 1994, the Association held its annual meeting for the election of commissioners and a mayordomo. On the day before the meeting, John and Barbara Wilson sent a letter to the commissioners indicating an intent to vote in proportion to their share/ hours of water rights. At the meeting, the Association refused to apportion 61% of the vote to the Wilson family. Instead, the Association decided to allow voting on a “one member, one vote” basis, and the election was conducted by a show of hands, including those members of the Association possessing only the domestic water rights appearing in the 1979 stipulation. The Association maintained that voting was in proportion to the common and equal interest of every member of the Association in the ditch.
{5} At the annual election in 1995, the Wilsons asserted a statutory right to vote in proportion to their water rights and cast their 61% vote for Barbara Wilson and John Wilson to be commissioners and for Nat Wilson to be mayordomo. The Wilsons abstained from voting for the third commissioner seat. Once again, the Association decided to conduct the election based on the vote of a majority of the water users. As a result, the Wilsons separately contested both the 1994 and 1995 elections as violative of their statutory voting rights and contrary to the law of New Mexico.
{6} In the district court, the Wilsons moved for summary judgment with respect to the 1994 election contest, contending that the election violated the acequia election procedure promulgated by the New Mexico Legislature. The district court granted the Wilsons’ motion for summary judgment on the legal issue of whether the election violated applicable statutes. Recognizing a “substantial ground for difference of opinion,” however, the district court, in certifying the matter for interlocutory appeal, asked “whether New Mexico statutes require acequia associations to elect their commissioners and mayordomos in elections where votes are distributed to eligible voters proportionately
{7} Following consolidation, the Court of Appeals denied as untimely an application for leave to file an interlocutory appeal by the Appellants, officers of the Association elected pursuant to the contested procedure (collectively, the Officers). The district court then granted a motion to issue a second interlocutory order, and this Court granted the Officers’ application for interlocutory appeal. Although the Appellants originally filed their appeal with the Court of Appeals, their subsequent filing with this Court reflects the Legislature’s direction that contests of ditch officer elections “shall be commenced and conducted as provided by law in the case of general elections for county officers,” see
II.
{8} Prior to addressing the substantive issue certified for interlocutory appeal, we raise, sua sponte, the question whether the district court had subject matter jurisdiction over these election contests. See Britt v. Phoenix Indem. Ins. Co., 120 N.M. 813, 815, 907 P.2d 994, 996 (1995) (raising jurisdiction of appellate court sua sponte); Armijo v. Save ‘N Gain, 108 N.M. 281, 282, 771 P.2d 989, 990 (Ct.App.1989) (“A jurisdictional defect may not be waived and may be raised at any stage of the proceedings, even sua sponte by the appellate court.”); see also
{9} The question of whether the district court had subject matter jurisdiction arises from a statutory limitation on the right to file an election contest. The Legislature, in creating a statutory right to contest a ditch election, specifically provided a time limitation for the filing of an election contest: “[T]he notice of contest shall be filed within fifteen days after the result of the election is announced as herein required.”
{10} “The right to contest an election is entirely statutory; such a proceeding was unknown at common law. The statutory provisions for an election contest must be strictly followed. One has the right to contest an election only in the manner and to the extent prescribed by statute.” Dinwiddle v. Board of County Comm’rs, 103 N.M. 442, 445, 708 P.2d 1043, 1046 (1985) (citations omitted); see Forbes v. Bell, 816 S.W.2d 716, 718 (Tenn.1991) (“The proceedings in an election contest are said to be summary in nature, and the statutory prerequisites are considered jurisdictional”). Accordingly, we construe the fifteen-day filing limitation contained in
{11} With respect to the first election challenged in this matter, the Wilsons failed to file a notice of election contest within the statutory mandate. From the face of the Wilsons’ complaint, the Association held the election on April 24, 1994, and based the election on a show of hands from the attending members of the Association. Thus, the results of the election were announced on April 24. However, the Wilsons did not file their notice of contest in the district court until May 23, 1994, a total of twenty-nine days following the announcement of the election results, see
{12} With respect to the second election contest, we reach a different conclusion. In the second challenged election, the Association held an election at its annual meeting on May 7,1995. The Wilsons filed á verified complaint for election contest on May 22, 1995, the fifteenth day following the announcement of the election results. Therefore, the notice of contest was timely, and we conclude that the district court has jurisdiction over the 1995 election contest, No. 95-138 CV. As a result, we now proceed to the substantive question certified for interlocutory appeal with respect to the 1995 election only. 1
III.
{13} Summary judgment is proper only if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Gonzales v. Allstate Ins. Co., 1996-NMSC-041, 122 N.M. 137, 139, 921 P.2d 944, 946. In reviewing a grant of summary judgment, we resolve all inferences in favor of the party opposing summary judgment. Rummel v. St. Paul Surplus Lines Ins. Co., 1997-NMSC-042, ¶ 9, 123 N.M. 767, 945 P.2d 985. When summary judgment depends entirely on the interpretation of a statute, a question of law, State v. Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995), we will review the trial court’s construction of the statute de novo. Krahling v. First Trust Natl Ass’n, 1997-NMCA-082, ¶ 9, 123 N.M. 685, 944 P.2d 914, cert. denied, 123 N.M. 446, 942 P.2d 189 (1997).
{14} The Legislature has specifically provided a procedure for the election of acequia association officers in Taos County:
The election for acequia or community ditch officers, under this article, shall, be held by the outgoing commissioners, under written rules and regulations to be prescribed by them. Only those having water rights in the acequia or ditch, and who are not delinquent in the payment of their assessments shall be allowed to vote .... All votes shall be in proportion to the interest of the voter in the ditch or water, or in proportion to the number or amount of his water rights, which for election purposes, shall never exceed the lands under irrigation the outgoing year....
{15} The Officers offer a different construction of
A.
{16} In construing a statute, we look first to “the plain language of the statute as the primary indicator of legislative intent,” and we construe the words of a statute according to their ordinary meaning absent evidence of legislative intent to the contrary. Whitely v. New Mexico State Personnel Bd., 115 N.M. 308, 311, 850 P.2d 1011, 1014 (1993). When appropriate, we will rely on rules of grammar to aid our construction of the plain language of a statute. See State v. Clark, 80 N.M. 340, 342, 455 P.2d 844, 846 (1969).
{17} We believe
B.
{18} The State Engineer, as amicus curiae, contends that the statute is ambiguous and that the reference to the interest in the ditch, the interest in water, and the number or amount of water rights is an enumeration of things similar in kind. As a result, the State Engineer urges us to interpret
{19} The ownership of water rights in this State is entirely dependent on the amount of water put to beneficial use.
C.
{20} In an argument similar to the State Engineer’s statutory construction argument, the Wilsons contend that our prior eases indicate that an interest in the ditch is the same as an interest in the water for purposes of
{21} The Wilsons primarily rely on a statement by this Court in State ex rel. Community Ditches v. Tularosa Community Ditch, 19 N.M. 352, 370, 143 P. 207, 213 (1914), that the “interest in the ditch depends upon the amount of land for which [a person] has acquired a water right, and this right, so acquired . . ., is only to the use of a sufficient amount of water to properly irrigate [the] land and for domestic purposes.” The Wilsons contend that this statement in Tularosa interprets
{22} Notwithstanding the language in Tularosa suggesting that ditch interests are concomitant with water rights, the Officers correctly point out that “New Mexico eases have long recognized that ditch rights and water rights are distinct, are derived from different sources, and are governed by different rules of law.” Olson v. H & B Properties, Inc., 118 N.M. 495, 498, 882 P.2d 536, 539 (1994). For example, addressing whether community ditch associations acquired water rights under the statutes in Snow v. Abalos, 18 N.M. 681, 140 P. 1044 (1914), this Court discussed the relationship between the ownership of ditches and water rights. “The ditch, or carrier system, having been constructed by the joint labors of all the water users, is owned by them as tenants in common; each having a common interest in the same .” Snow, 18 N.M. at 695, 140 P. at 1048. “[T]he fact that . . . water was diverted into a ditch, owned in common with other water users, did not give such other users any interest in, or control over, the right to take water, or water right....” Snow, 18 N.M. at 695, 140 P. at 1049. Similarly, in Olson, this Court highlighted the difference between ditch interests and water rights: “Water rights are derived from appropriation for
{23} In the face of such clearly drawn distinctions between water rights and ditch rights, we conclude that the description of ditch interests articulated in Tularosa was a characterization of the specific facts in the case and was not intended as a repudiation of the principles articulated in Snow. 3 In Tularosa, the parties disputed the ownership of water rights by those who owned land outside of a township and, based on this dispute, the Court faced a challenge to the eligibility of particular voters. 19 N.M. at 360-63, 143 P. at 209-11. The parties in Tularosa did not distinguish between water rights and ditch interests, and there is no suggestion in the recitation of the facts that the ditch association relied on ditch interests for purposes of election procedures. See id. at 356-62, 143 P. at 208-11. We believe the Court in Tularosa meant only that ditch interests and water rights were the same for the parties involved in that case. See id. at 370, 143 P. at 213. We do not believe the Court intended to collapse the distinction between water rights and ditch rights as a general proposition. To the extent Tularosa does so, it has been implicitly rejected by Olson. We also do not believe the Court intended to limit the voting method for ditch associations.
{24} In any event, this Court has since reevaluated the meaning of
{25} Although we have rejected the Wilsons’ argument that voting is limited to proportional water rights, the Wilsons ultimately dispute the Association’s ability to conduct voting on a majority basis. Thus, we must analyze whether
IV.
{26} The Officers argue that an interpretation of the statute allowing voting based proportionately on water rights would violate the Equal Protection Clause’s mandate of one person, one vote, see Reynolds v. Sims, 377 U.S. 533, 577-81, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964);
{27} In Reynolds, the United States Supreme Court determined:
The right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representativegovernment. And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.
377 U.S. at 555, 84 S.Ct. 1362. The United States Supreme Court further determined that “the fundamental principle of representative government in this country is one of equal representation for equal numbers of people, without regard to race, sex, economic status, or place of residence within a State.” Reynolds, 377 U.S. at 560-61, 84 S.Ct. 1362. As a result, the Court required that both houses of the Alabama Legislature be apportioned on a population basis, id. at 586-87, 84 S.Ct. 1362, and established a general requirement of one person, one vote in the election of state officials. The United States Supreme Court later extended the application of Reynolds to the political subdivisions of states. See Avery v. Midland County, 390 U.S. 474, 479-80, 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968).
{28} Nevertheless, the Equal Protection Clause’s requirement of one person, one vote does not apply to governmental entities created primarily for limited purposes and exercising narrow functions. Ball v. James, 451 U.S. 355, 364-68, 101 S.Ct. 1811, 68 L.Ed.2d 150 (1981); Salyer Land Co. v. Tulare Lake Basin Water Storage Dist., 410 U.S. 719, 728-30, 93 S.Ct. 1224, 35 L.Ed.2d 659 (1973). We conclude that the statutes governing acequias are limited in purpose, that ditch associations exercise narrow functions, and that, therefore, ditch officer elections do not fall within the requirement of one person, one vote. “The act [including the original ditch officer election procedure] was purely administrative. It did not confer upon the organization, in its corporate capacity thus created, the power to acquire or hold title to water rights.” Snow, 18 N.M. at 692, 140 P. at 1047. We believe the Legislature enacted Articles 2 and 3 of Chapter 73 primarily to ensure the distribution of water for irrigation “more conveniently and economically.” Candelaria v. Vallejos, 13 N.M. 146, 162, 81 P. 589, 595 (1905), quoted in Snow, 18 N.M. at 698, 140 P. at 1050. The limited duties of ditch officers, including distribution based on water rights put to beneficial use, reflect this overall purpose. See
{29} Due to the limited function of ditch associations controlled by
{30} Nevertheless, because of the importance of the right to vote, we will be extremely cautious in our interpretation of statutes tending to limit that right. See
{31} Therefore, while the Equal Protection Clause does not require equal voting for limited-purpose entities if a rational basis exists for departure from the constitutional norm, we will strictly construe statutes tending to limit the right to vote in favor of equal voting. We will not infer a limitation on the right to equal voting absent clear legislative intent to the contrary. Cf Ball, 451 U.S. at 373, 101 S.Ct. 1811 (Powell, J., concurring) (“[W]e should expect that a legislature elected on the rule of one person, one vote will be vigilant to prevent undue concentration of power in the hands of undemocratic bodies.”). Due to the nature of our scheme of government, we presume that the Legislature does not provide for voting based exclusively according to property ownership or wealth. See Salyer Land Co., 410 U.S. at 738, 93 S.Ct. 1224 (Douglas, J., dissenting) (“The weighting of votes according to one’s wealth is hostile to our system of government.”); Esler v. Walters, 56 N.Y.2d 306, 452 N.Y.S.2d 333, 437 N.E.2d 1090, 1095 (1982) (Fuchsberg, J., dissenting) (“[A] cornerstone of democracy is universal suffrage. Antithetical to this belief is a pecuniary or propertied qualification for voting, for it seems obvious that one’s influence in government should bear no relation to such a consideration.”). In determining whether
Y.
{32} In our analysis of the parties’ arguments under
{33} In Olson, we clarified that there can be two interests in a ditch: (1) an ownership interest; and (2) an easement interest. 118 N.M. at 498, 882 P.2d at 539. A ditch is owned, as tenants in common or joint tenants, by the individuals contributing to the construction of the ditch or their successors in interest.
{34} We believe the Legislature articulated in Chapter 73 an additional, or third, interest in a ditch. In order to accomplish significant changes to the physical structure of the ditch, the Legislature has required “the consent in writing of a majority of the water users of [the] community ditch.”
{35} In providing that ditch officer elections pursuant to
A.
{36} “The main goal of statutory construction is to give effect to the intent of the legislature.” Rowell, 121 N.M. at 114, 908 P.2d at 1382. In order to discern the intent of the Legislature when interpreting an ambiguous statute, we resort to well-accepted rules of statutory construction, always striving to “select the rationale that most likely accomplishes the legislative purpose— or best fills a void not addressed by the Legislature.” State v. Anaya, 1997-NMSC-010, ¶ 29, 123 N.M. 14, 933 P.2d 223; accord State ex rel. Helman v. Gallegos, 117 N.M. 346, 351-54, 871 P.2d 1352, 1357-60 (1994). “A fundamental rule of statutory construction is that all provisions of a statute, together with other statutes in pari materia, must be read together to ascertain the legislative intent.” Roth v. Thompson, 113 N.M. 331, 334, 825 P.2d 1241, 1244 (1992).
{37} The Legislature, in relation to ditch association operations contained in Articles 2 and 3 of Chapter 73, has articulated with specificity five different management schemes distinguishing among the various interests in a ditch system for various purposes: (1) based on the majority of those possessing water rights,
{38} These statutes indicate to us that the Legislature recognized the different interests at stake in a ditch system and that it was fully capable of clearly and unambiguously limiting the application of a statute to one or even two of those interests. We believe it is significant that the Legislature failed to identify the type of ditch interest relevant in ditch officer elections. We interpret this omission as signaling a legislative intent to recognize each ditch interest, in addition to the interest in water, and, as a result, to provide for multiple alternatives in determining the appropriate voting scheme.
{39} The State Engineer argues that the phrase “in proportion” appearing in
{40} We believe the State Engineer’s position overlooks three statutes in pari materia with
{41} Second, the Legislature has provided that “a majority of the owners of the water rights” in a ditch appoint successor commissioners in the event of a joint vacancy.
{42} Finally, we believe our construction of
C.
{43} Given the statutes in pari materia with
VI.
{44} Based on our interpretation of
{45} Under
{46} IT IS SO ORDERED.
BACA and SERNA, JJ., concur. ALARID, J., New Mexico Court of Appeals (sitting by designation).
Notes
. We note that the dismissal of the 1994 election creates a procedural ambiguity. The Wilsons moved for summary judgment only in relation to the 1994 election. Further, the order granting summary judgment was entered in the 1994 election contest prior to its consolidation with the 1995 election contest. Nevertheless, the two election contests raise identical issues. In addition, the Wilsons filed an unopposed motion to consolidate prior to the entry of summary judgment. In the order granting summary judgment, both the 1994 and 1995 election contests appear in the caption. Finally, both matters were certified for interlocutory appeal on the sole issue of the interpretation of the applicable statute. Therefore, we conclude that the district court intended to apply the grant of summary judgment to both the 1994 and 1995 election contest, and we will review the grant of summary judgment as it applies to the 1995 election contest.
. The Legislature first enacted
. We think it significant in our interpretation of Tularosa that it was decided within six months of Snow, that it cited Snow for authority, and that the same justice authored both opinions. Compare Snow, 18 N.M. at 681, 690, 140 P. at 1044, 1047, with Tularosa, 19 N.M. at 352, 356, 366, 143 P. at 207, 208, 212.