The legislature is authorized to provide by law for the organization and operation of drainage districts and systems.

ANNOTATIONS

Cross references. — For statutes implementing this section, see 73-6-1 to 73-6-44, 73-7-1 to 73-7-56, 73-8-1 to 73-8-60 NMSA 1978.

For irrigation districts, see 73-9-1 to 73-9-62, 73-10-1 to 73-10-50, 73-11-1 to 73-11-55, 73-12-1 to 73-12-57, 73-13-1 to 73-13-47 NMSA 1978.

Water rights law extends to all parties. — New Mexico constitution and statutory law and case law of federal, territorial and New Mexico courts govern acquisition of water rights of all parties, including United States, state game commission of New Mexico and individual defendants. United States v. Ballard, 184 F. Supp. 1 (D.N.M. 1960).

"Drainage district" not required designation. — Nothing in this provision requires legislation pertaining to removal of excess water from surface of an area to refer to or designate authority for such water control as a "drainage district". Albuquerque Metro. Arroyo Flood Control Auth. v. Swinburne, 1964-NMSC-206, 74 N.M. 487, 394 P.2d 998.

Districts need not be corporations. — This provision does not necessarily contemplate that drainage districts shall be corporations. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.

Drainage act constitutional. — New Mexico Drainage Act (Laws 1912, ch. 84, presently compiled as 73-6-1 NMSA 1978 et seq.) does not violate this section. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.

Section apparently authorizes provisions for acequias. — The grant under this section seems to be plenary and to authorize the legislature to provide for drainage districts, in such form as it in its discretion may adopt, and one form of such districts is the community acequia. 1963 Op. Att'y Gen. No. 63-112.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 3 et seq.

Scope and import of term "owner" in statute relating to formation of drainage district, 2 A.L.R. 791, 95 A.L.R. 1085.

Park property, use of, for construction of water supply system, 18 A.L.R. 1265, 63 A.L.R. 484, 144 A.L.R. 486.

State's power to exact fee or require license for taking water from stream, 19 A.L.R. 649, 29 A.L.R. 1478.

Liability of drainage district for personal injuries, 33 A.L.R. 77.

Personal liability of officers of drainage districts for negligence of subordinates or employees causing damage to person or property, 61 A.L.R. 300.

Constitutionality of statutes for formation or change of irrigation districts, 69 A.L.R. 285.

Liability of irrigation district for damages, 69 A.L.R. 1231, 160 A.L.R. 1165.

Constitutionality and construction of statute which leaves to determination of private individuals boundaries of territory to be erected into water district, 70 A.L.R. 1064.

Estoppel of riparian owner to complain of diversion of water by municipal corporation, 74 A.L.R. 1129.

Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 A.L.R.2d 595.

Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743.

28 C.J.S. Drains § 4.