N.M. Stat. § 73-7-1
[Commissioners; engineers; surveys; plans; report.]
As soon as may be after the confirmation of the said preliminary report, or within
such time as the court may direct, said commissioners shall employ a competent
drainage engineer and proceed to have all necessary levels taken and surveys made,
and shall lay out said proposed work, make a map thereof and plans, profiles and other
specifications thereof and report in writing to the court.
A. Whether the starting point, routes and termini of proposed work and the
proposed location thereof, as in the petition contained, are in all respects proper and
feasible, and, if not, shall report such as are most proper and feasible.
B. If it be found necessary to change the boundaries of said proposed district, as by
them previously fixed, they shall report said proposed change, and, if possible, shall
report the names, residence and post-office addresses of the owner or owners of all
lands affected by said change in boundaries, but no such change in boundaries shall be
made as to deprive the court of jurisdiction; provided, however, that if the owners of
lands adjacent to the district petition to have their lands brought in to the district such
may be considered the same as original petitioners in making changes of boundaries.
C. What lands within the district, as by them reported will be injured by the proposed
work, if any, and they shall therein award to each tract, lot, easement of interest by
whomsoever held, the amount of damages which they shall determine will be caused to
the same by the proposed work.
D. What lands within the district as by them reported will be benefited by the
proposed work and they shall assess against each tract, lot and easement by
whomsoever held the amount of benefits which they determine will be caused to the
same by the proposed work or the damages inflicted by same on the district. The
benefits or damages assessed as provided in this section are hereinafter referred to as
"assessment of benefits."
E. They shall also determine and report to the court the total amount, as near as
they can determine, that said proposed work will cost, which amount shall include all
incidental expenses, the reasonable cost of organizing said district, costs of proceeding
and all probable damage to lands, both within and without the district, together with a
reasonable attorney fee for the petitioners, which cost will hereinafter be referred to as
"cost of construction."
F. If the cost of construction of any particular part of the work so proposed to be
done should be assessed upon any particular tract or tracts, lot or lots of land, or upon
any corporation or corporations, individual or individuals, company or companies not
incorporated, the commissioners shall so specify, and in their report they shall fix and
determine the sums which should be assessed against said tracts, lots and
corporations, individuals, companies not incorporated and assess such sum against
said tracts, lots, corporations, individuals, companies not incorporated.
G. And if any corporation, individual or individuals, company or companies not
incorporated or public highway or highways would, in the judgment of said
commissioners, derive special benefits from the whole or any part of such proposed
work, the commissioners shall so report and assess those benefits and assess against
the same its proportionate share of the costs of said proposed work. The word
"corporation" wherever in this act contained, shall be construed to include:
(1)
railroad companies;
(2)
other private corporations of all kinds;
(3)
towns;
(4)
cities;
(5)
villages; and
(6)
other drainage districts.
H. They shall apportion and assess the part of this "cost of construction" not
assessed as in Subdivision [Subsections] F and G of this section against the several
benefited tracts, lots and easements in said drainage district, in proportion to the
benefits which they have assessed against the same by setting down opposite each
tract, lot or easement, the sum so apportioned to each. The assessments which
together make up the cost of construction as above defined, are herein referred to as
"assessments for construction."
I. The commissioners shall further report to the court the probable cost of keeping
said proposed work in repair after it is completed.
J. They shall include in their said report said map, plans and other specifications,
and file the same with their report.