0001| AN ACT | 0002| RELATING TO WATER; AMENDING SECTION 73-2-41 NMSA 1978 (BEING LAWS | 0003| 1860-1861, P. 24, SECTION 2, AS AMENDED). | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 73-2-41 NMSA 1978 (being Laws 1860-1861, p. | 0007| 24, Section 2, as amended) is amended to read: | 0008| "73-2-41. INDIANS--RIGHTS AND DUTIES.--The different | 0009| Indians residing within the state shall be subject to render the | 0010| same services as non-Indians in working the acequias, within the | 0011| limits of their respective reservations in which they may have a | 0012| common interest with the non-Indians who live outside their | 0013| respective reservations, and they shall enjoy at the same time the | 0014| same benefit and rights of commercial traffic; provided that the | 0015| Indians shall have no right to participate in the nominations and | 0016| election of acequia mayordomos or superintendents or acequia or | 0017| water commissioners in any ditch, whether within or without their | 0018| reservations, except in acequias constructed entirely by | 0019| themselves, unless they have paid their proportionate share of the | 0020| whole cost of the construction of such acequia and unless the | 0021| lands sought to be voted by the Indians have been duly returned | 0022| for taxation in accordance with law and state and county taxes | 0023| paid thereon. In all cases in which non-Indians living outside | 0024| the reservation have acquired water rights by purchase of land | 0025| from the Indians, the distribution of the water between the | 0001| Indians and the non-Indians shall be agreed upon, based upon the | 0002| customs heretofore practiced and recognized between the Indians | 0003| and the non-Indians, by and between the governor of the Indian | 0004| community or pueblo and the commissioners of such acequias in | 0005| which the non-Indians may have acquired any such rights and, the | 0006| governors of such Indians and the acequia commissioners shall also | 0007| regulate the amount and manner of work to be done by the Indians | 0008| and non-Indians in all such acequias in which all have water | 0009| rights in accordance with such customs." | 0010| |