1. A. Within the first quarter of each calendar year, the board of directors shall prepare an itemized budget of the funds needed for administration, construction, operation and maintenance of works of improvement and submit the budget to the board of supervisors for approval. After approval of the budget, the board of supervisors shall, by order or resolution, levy an assessment sufficient to meet the budget, not to exceed five dollars ($5.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon the assessment authorized by this section, on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of all real property subject to taxation within the district, except that the limit on assessments does not apply to any levy necessary to provide a sinking fund for retirement of bonds authorized by Section 73-20-13 NMSA 1978. If a watershed district lies within more than one soil and water conservation district, the board of supervisors in each soil and water conservation district shall approve of the budget submitted by the watershed district before an assessment may be levied pursuant to this subsection. A copy of the budget and order or resolution shall be certified to the county assessor of the county or counties involved and to the department of finance and administration by July 15 of each year.

2. B. Upon receipt of a resolution adopted and submitted by the board of directors, the board of supervisors shall levy an assessment not to exceed five dollars ($5.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of property subject to taxation by the board of supervisors, in addition to the levy authorized by Subsection A of this section, to repay the loan if the board of supervisors approves of the levy and:

   1. (1) a referendum on the acceptance of the loan for specified purposes is held by the board of supervisors;
   2. (2) two-thirds of the landowners vote in favor of the proposal; and
   3. (3) the procedures of the Local Election Act [Chapter 1, Article 22 NMSA 1978] or the Special Election Act [Chapter 1, Article 24 NMSA 1978] as well as local government ballot question election provisions in the Election Code [Chapter 1 NMSA 1978] are followed as to notice, qualifications of voters and manner of holding a tax authorization election are followed in the referendum held pursuant to this subsection.

History: 1953 Comp., § 45-5-34, enacted by Laws 1957, ch. 210, § 16; 1986, ch. 32, § 38; 2003, ch. 228, § 8; 2026, ch. 26, § 5.

ANNOTATIONS

Cross references. — For county assessor, see Chapter 4, Article 39 NMSA 1978.

The 2026 amendment, effective May 20, 2026, clarified the roles of watershed district boards, soil and water conservation district supervisors and county assessors in budgeting and levying assessments; added new subsection designation "A"; in Subsection A, after "works of improvement" added "and submit the budget to the board of supervisors for approval", after "approval of the budget" deleted "by the board of supervisors", after the next occurrence of "the board" deleted "directors" and added "supervisors", and after "Section 73-20-13 NMSA 1978", added "If a watershed district lies within more than one soil and water conservation district, the board of supervisors in each soil and water conservation district shall approve of the budget submitted by the watershed district before an assessment may be levied pursuant to this subsection."; and added Subsection B.

The 2003 amendment, effective June 20, 2003, inserted "and to the department of finance and administration" near the end.

The 1986 amendment inserted "tax levy; limitation" in the catchline; substituted the language following "not to exceed" in the second sentence for "five mills per dollar of the assessed value of all real property within the district, except any levy necessary to provide a sinking fund for retirement bonds authorized by Section 13 of this act"; and inserted "by July 15 of each year" at the end of the last sentence.

Officials to agree to pro rata share of district budget where federal, Indian reservation and state lands included. — Federal, Indian reservation and state lands may be included in a watershed district only if the officials charged with administering such lands specifically agree to the inclusion of the lands in the district. Even if such agreement is obtained, there is yet another agreement that is a prerequisite to such inclusion; it would be necessary that the officials administering the lands in question also agree to put up a pro rata share of the district's budget, based on the value of the lands included in the district, because the assessment is to be uniform throughout the district. This amount may be difficult of computation, since in most counties property exempt from taxation is not carried on the tax rolls. The value of the real property as indicated on the tax rolls is a determining factor in computing the assessment. 1961 Op. Att'y Gen. No. 61-87.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 321.