Acequia de La Puebla
El Agua es Vida
2014 Annual Meeting
SATURDAY, DECEMBER 6, 2014 9:00-11:00 AM
LA PUEBLA FIREHOUSE #1, LA PUEBLA, NM
Agenda
1. INTRODUCTIONS
2. MINUTES FROM 2013 ANNUAL MEETING
3. CHAIRMAN’S REPORT
4. TREASURER’S REPORT
5. MAYORDOMO’S REPORT
6. PROPOSED BY-LAW CHANGES
a) PRESENTATION OF
PROPOSED BY-LAW CHANGES
b) DISCUSSION OF PROPOSED
BY-LAW CHANGES
c) VOTE ON PROPOSED BY-LAW CHANGES
7. QUESTIONS AND COMMENTS
8. ADJOURN
By-Law Change Draft Preview
Listed below are the proposed changes to the Acequia By-Laws. You can review them by reading the text or by clicking the image below to view a slide show prepared by Secretary Karen Martinez. Words with a line through them are proposed deletions. Underlined words indicate proposed new language. Please plan on attending.
There may be additional by-law changes proposed prior to the meeting. We will post any changes here. So please check back again prior to the meeting.
PROPOSED BY-LAW CHANGES
•
Article 6. Section: 2
•
Article 7. Section:
1,
2,
3
• Article 8. Section: 2, 3
•
Article 6. Rights and Obligations
of Parciantes Section 2: Assessments
All parciantes shall pay assessments as required by
the Commission. All monies assessed by the Acequia de La Puebla are due
upon receipt of the Treasurer’s statement. These assessments become
delinquent thirty (30) days 45 days
following the date of receipt of the billing. All delinquent
accounts not paid by June 15th
of each year will pay a penalty of 10% per year.
The Acequia de La Puebla Commission (3) and the Mayordomo shall,
by the rules and regulations of the Acequia de La Puebla, be exempt from
the ditch acequia cleaning fees.
Section 73-2-26 gives the Mayordomo authority to
file a court action to collect delinquent assessments.
•
Article 7. Easements
Section 1:
Definition of Easement
Description of Easement
and Prohibitions
Each parciante recognizes that the Acequia de La
Puebla, including all of its laterals and sluices/desagues and the
sluice/desague drainage channels possess a historical permanent
easement for the purpose of inspection, maintenance, operations
and improvements. No parciante may build within the easement or
otherwise obstruct or limit access to this easement. The scope of the
easement is defined as follows: The easement is as wide as necessary
for maintenance, use and improvements.
Acequia easements are described in 73-2-5. State
law does not define a set number of feet but states that the easement is
as wide as necessary for maintenance, use and improvements. Easement
rights and right of access to the easement are at Sections 72-8-3 and
73-2-5.
•
Article 7. Easements
Section 2:
Use Maintenance of Easement
Each Acequia de La Puebla parciante
agrees
that it must be shall ensure that it is possible to
walk the full
length of the ditch along its banks. freely and safely use the
acequia easement within his or her property.
Therefore, For
instance, if a fence or other obstruction barrier crosses the
ditch acequia or the easement,
there must be a the barrier
shall provide an accessible gate or crossover.
•
Article 7. Easements
Section 3:
Access to Easement
Acequia de La Puebla has the right to use the
historic and customary routes or points of access to the
ditch across acequia within
parciantes’ and non-parciantes’ property and other such routes or
points of access as may be necessary to afford convenient access to the
ditch acequia for inspection,
maintenance, operations and improvements.
•
Article 8. Enforcement
Section 2:
Illegal Use of Water or Acequia Interference
Any person who, contrary to an order of the
Mayordomo or Commission, interferes with the Acequia de La
Puebla, its laterals, sluices/desagues, and the sluice/desague drainage
channels, in any manner, or takes or uses acequia
water without permission of the Mayordomo or
Commission commits a criminal misdemeanor and may be prosecuted
in accordance with the laws of New Mexico. A civil and/or criminal
action may also be pursued against the violator.
Acequias have several remedies for these
infractions, including criminal prosecution, obtaining an injunction,
and a civil penalty of up to $5000. (Section 73-2-64 & 73-2-5).
The District Attorney may assist the acequia.
•
Article 8. Enforcement
Section
3: Violation of Easement Rights
Any person who interferes with the Acequia de La
Puebla easement, its laterals, sluices/desagues, and the
sluice/desague drainage channels, or prevents access to the
easement commits a criminal misdemeanor and may be prosecuted in
accordance with the laws of New Mexico. A civil and/or criminal
action may also be pursued against the violator.
The penalties for
violation of easement rights are the same as those described in the
previous paragraph. (Section 73-2-5)
Acequias have several remedies for these infractions including criminal misdemeanor prosecution, obtaining an injunction, and a civil penalty up to $5000.00 (Sections 73-2-64 & 73-2-5). The District Attorney may assist the acequia.