N.M. Stat. § 72-14-23
New Mexico irrigation works construction fund created;
limitation of liability under act; reparation of damages caused in
carrying out powers granted; authority of commission to receive
contributions.
A. The "New Mexico irrigation works construction fund" is created as a nonreverting
fund in the state treasury and shall consist of the income creditable to the permanent
reservoirs for irrigation purposes income fund not otherwise pledged under Section 72-
14-19 NMSA 1978 and all other money that may be appropriated by the legislature to
the fund.
B. Annually, five million dollars ($5,000,000) shall be transferred from the New
Mexico irrigation works construction fund to the acequia and community ditch
infrastructure fund.
C. Annually, one million dollars ($1,000,000) shall be transferred from the New
Mexico irrigation works construction fund to the forest land protection revolving fund.
D. The cost of investigations and construction as authorized in Section 72-14-11
NMSA 1978 shall be paid from the New Mexico irrigation works construction fund and
also the cost of all preliminary work on any project, and all expenses directly chargeable
to such project, prior to the receipt of the proceeds of bonds, shall be paid from the
construction fund. The amount of all such expenses on account of any project and such
part of the general administrative expenses of the commission and the cost of
investigation as shall be properly chargeable, in the opinion of the commission, to such
project shall be reimbursed to the construction fund upon the receipt of the proceeds of
bonds issued for such project. No liability or obligation shall be incurred under the
provisions of Sections 72-14-9 through 72-14-28 NMSA 1978 beyond the extent to
which the money has been provided under the authority of those sections. All public
and private property damaged or destroyed in carrying out the powers granted under
those sections shall be restored or repaired and placed in its original condition, as
nearly as practicable, or adequate compensation made therefor out of funds provided
by those sections.
E. The commission shall also have authority to pay the cost of such investigations
and construction on any project from the New Mexico irrigation works construction fund
when contracts in form satisfactory to it have been entered into whereby title to works
have been mortgaged, deeded, assigned or transferred by the owner to the
commission, and a program for reimbursement of all amounts expended, together with
operation and maintenance charges, have been agreed upon; provided that no
construction contract shall be entered into without the prior approval of the state board
of finance. The commission shall also have authority to receive and accept
appropriations and contributions from any source of either money or property or other
things of value to be held, used and applied for the purposes provided in Sections 72-
14-9 through 72-14-28 NMSA 1978.