This subchapter shall be known and may be cited as “Irrigation
Districts Recreational Use” and may be cited herein as “this
subchapter.”
(Ordinance 1991-10 adopted 6/21/91)
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
The Santa Fe County Board of Commissioners.
The statutory law known as NMSA, section 66-12, as amended.
Those regulations promulgated by the state energy, minerals
and natural resources department, state park and recreation division,
which regulate the use of boats and other flotation devices on water
on which the Boating Act has jurisdiction.
Any aggregation of water collected and kept by an irrigation
district for irrigation purposes, and includes any water kept in a
lake, whether it is a natural or manmade lake, regardless whether
the water level is maintained by a dam.
Any corporation, organization, association or other entity
organized pursuant to NMSA, section 73-9-1 et seq., as amended, for
the purpose of providing for the irrigation of lands in the district
of the organizers.
An amount of money charged by an irrigation district to an
individual for the privilege of placing a boat on its impounded water.
Any right, title or interest in any real property, which
includes fee simple ownership, leasehold interest, title to or interest
in a right-of-way or easement, or similar present interest in real
property.
Any activity commonly associated with enjoyment of and physical
activity on, in or immediately around the impounded water of an irrigation
district.
(Ordinance 1991-10 adopted 6/21/91)
(A)
No person
shall swim or otherwise enter the impounded water of an irrigation
district unless the activity is directly and solely related to boating
or fishing activities unless the irrigation district has promulgated
regulations for swimming, which may include designating a certain
portion of the impounded water for swimming.
(B)
The
irrigation district shall be permitted to erect signs, order individuals
out of the impounded water, institute a lawsuit for trespass and take
other related and necessary measures to prohibit swimming in impounded
water.
(Ordinance 1991-10 adopted 6/21/91 Penalty, see section 92.99)
An irrigation district may regulate boating on its impounded
waters, provided that the regulation does not preempt or otherwise
interfere with the Boating Act or the boating regulations. The regulation
may include prohibiting certain vessels from being on the impounded
waters, where the vessels are reasonably deemed to be unsafe or otherwise
create a hazard on the impounded water. The irrigation district may
also limit the number of vessels or the numbers of a particular type
of vessel from being on the impounded waters.
(Ordinance 1991-10 adopted 6/21/91)
An irrigation district may prohibit or limit ice skating and ice fishing on its impounded waters and may take measures as set forth in section 92.56 to ensure compliance by the general public.
(Ordinance 1991-10 adopted 6/21/91)
An irrigation district may set and limit the hours of recreational
use of its impounded water, so long as there is a reasonable use permitted
of the water during daylight hours.
(Ordinance 1991-10 adopted 6/21/91)
To ensure compliance with the regulations permitted by this
subchapter, an irrigation district is permitted to post signs setting
forth the restrictions permitted by this subchapter; to print and
disseminate pamphlets or similar literature for the benefit of alerting
the public of the restrictions imposed on the impounded water; to
utilize its agents, designated volunteers or officers to direct any
individual to cease doing any activity which is prohibited by this
chapter; to institute a trespass cause of action against any individual
who violates any regulation authorized or set forth by this subchapter;
to request any duly deputized agent of any law enforcement department
of any governmental agency to issue criminal citations against any
individual who violates this subchapter or any regulation promulgated
hereunder.
(Ordinance 1991-10 adopted 6/21/91)
An irrigation district is permitted to charge boat launching
fees, either on a per-day or a per-season rate, the rate to be determined
by the irrigation district and subject to review and revision by the
board of county commissioners.
(Ordinance 1991-10 adopted 6/21/91)
The board of county commissioners may, at any time, enact any
regulation affecting an irrigation district's recreational use of
its impounded water or may repeal or amend any regulation, upon the
board's own motion. The board may also amend the launching fees charged
to individuals by an irrigation district.
(Ordinance 1991-10 adopted 6/21/91)
(A)
An irrigation
district may erect a temporary or permanent concession stand on its
property for the sale of food, firewood, fishing and boating appurtenances
and similar items. The irrigation district may set the hours of operation
of the concession stand and may set the prices for all items sold
therein. The irrigation district may petition the board of commissioners
for permission to sell other items not specifically set forth herein.
(B)
The
concession stand may also be used as a rest area for any security
volunteer used by the irrigation district to maintain compliance with
this subchapter.
(Ordinance 1991-10 adopted 6/21/91)
(A)
An irrigation district may use volunteers, employees or other agents to patrol the impounded water and any property of the irrigation district to monitor the property and individuals found thereon, to ensure compliance with this subchapter, pursuant to section 92.56.
(B)
However,
no person who is not a deputy of a municipal, state or federal law
enforcement department may arrest or otherwise enforce the provisions
of this subchapter.
(C)
However,
the volunteer or agent may patrol the property and the impounded water
of the irrigation district, inform individuals of any violation of
this [subchapter] or any other relevant ordinance and contact a law
enforcement agent for issuance of a criminal citation to the offending
individual.
(Ordinance 1991-10 adopted 6/21/91)
An irrigation district may prohibit any and all uses on its
property, and may charge reasonable fees for any use by an individual
of its property, which fees are subject to review and amendment by
the board of county commissioners.
(Ordinance 1991-10 adopted 6/21/91)
