N.M. Stat. § 73-8-32
[Expense levy; power of constructing system; rights-of-
way; state land.]
For the purpose of defraying the expenses incident to the organization of the district
and the care, operation, management, repair and improvement of all drainage works
and property of the district, including salaries of officers and employes, and all expenses
necessarily incident to the conduct of the business of said district, the board of directors
may provide for the payment of all such expenses by levy of assessment therefor in the
manner hereinbefore specified. The board of directors shall have the power to construct
its drainage canals, ditches or other conduits or drainage works across any stream of
water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the
route of any such drainage works may intersect or cross; and if the owners of any such
property so intersected or crossed, or those in control thereof, shall fail to agree with
such board of directors upon the amount to be paid for such intersection or crossing, or
as to the points or manner of such crossings, the controversy shall be determined in all
respects in accordance with the provisions of law relative to the taking of lands for
public uses.
Right-of-way is hereby given, dedicated and set apart to locate, construct and
maintain any such drainage works over, through or upon any of the lands which are now
or hereafter may be the property of the state.
Lands belonging to the state embraced within the limits of any such drainage district
shall in all other respects be subject to the provisions of this act [73-8-1 to 73-8-60
NMSA 1978]; and the officers of the state who are authorized to administer the laws of
the state with reference to state lands, and to disburse funds derived therefrom, are
hereby authorized and empowered to take such action and make such disbursements
from such funds as shall from time to time be required in order to comply with the
provisions of this act applicable to any such lands embraced within any such drainage
district.