SB 326

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AN ACT

RELATING TO TORTS; PROVIDING EXCLUSION FROM THE WAIVER OF

IMMUNITY OF LIABILITY FOR ACEQUIA ASSOCIATION EMPLOYEES OR

VOLUNTEERS; EXTENDING INSURANCE COVERAGE TO ACEQUIAS AND

COMMUNITY DITCH ASSOCIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 41-4-13 NMSA 1978 (being Laws 1977,

Chapter 386, Section 10) is amended to read:

"41-4-13. EXCLUSIONS FROM WAIVER OF IMMUNITY--COMMUNITY

DITCHES OR ACEQUIAS--SANITARY PROJECTS ACT ASSOCIATIONS.--All

community ditches or acequias, and their public employees

acting lawfully and within the scope of their duties, and all

associations created pursuant to the Sanitary Projects Act

are excluded from the waiver of immunity of liability under

Sections 41-4-6 through 41-4-12 NMSA 1978."

Section 2. A new section of Chapter 73, Article 2 NMSA

1978 is enacted to read:

"ACEQUIAS AND COMMUNITY DITCH ASSOCIATIONS--INSURANCE

COVERAGE.--Officers, volunteers and employees of acequias and

community ditch associations are public employees for the

purposes of the Tort Claims Act and upon request by the

acequia or community ditch association shall be provided all

insurance and self-insurance coverage provided by the risk

management division of the general services department."