Contract.  An award of sale is a contract between the winning bidder and Middle Rio Grande Conservancy District, upon the terms and conditions set forth herein. Middle Rio Grande Conservancy District may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.


Guarantee Waiver.  All property is offered for sale as-is, where-is. Middle Rio Grande Conservancy District makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale.  Some or all items may have been declared unsafe in their present condition by a federal or state safety standard.  Buyers should inspect and, if necessary, repair/test all items prior to any use.  Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.




No Description Warranty. Middle Rio Grande Conservancy District is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid.  The Agency does not attest to the authenticity of any item.


Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.


Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Middle Rio Grande Conservancy District harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item of surplus property including claims for personal or bodily injury, death or contract damages.

Consideration of Bid. Middle Rio Grande Conservancy District reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a notice of award is delivered.

Reserve Requirement.  If there is a reserve requirement and the reserve price is not met by the close of bidding, Middle Rio Grande Conservancy District reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at Middle Rio Grande Conservancy District discretion. 


Notice of Award.  Successful bidders will receive a Notice of Award by email from


Payment.  Public Processing, LLC. a third-party payment processing company, receives all payments for Middle Rio Grande Conservancy District. Payment for an awarded item must be received within five (5) business days after the date of the Notice of Award of the successful bid.


Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If you choose to pay with a credit card, please follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.


Payment by Credit Card

Login to the Public Surplus site. Click on the My Stuff link and then click on the Past Bids link. Click on the description of the auction and then click on the Pay Online link located on the right hand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to you once the payment has cleared.


Partial Payment

There will be NO partial payments allowed for an auction. All auctions must be paid in full according to the specified payment process. For example, you WILL NOT be able to partially pay for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer. All credit card payments must be made using a single credit card.


Wire Transfers

For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer, please email support at and ask for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to ensure prompt payment.


Pick-Up and Third Party Pick-Up Procedures

1.     Upon receipt of payment, You will be notified by email sent to the address You provided at registration with  You may then contact Andrew Melendez of the Middle Rio Grande Conservancy District and arrange for a mutually convenient pick-up time. You must bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and (3) personal picture identification (such as a Driver License). You must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to you.


2.  If you are picking up an item for someone else, you will need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), along with a formal document signed and notarized by the designated winning bidder specifically naming you as authorized representative, along with your own personal picture identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder e-mail address used for the auction, stating that you are authorized to pick-up the item.


Shipping.  Middle Rio Grande Conservancy District will not be responsible for any shipping, packaging, etc.  However, you may contact a local carrier of your choice to pick-up, package, and ship your item(s) for you. It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.     


Bid DepositsMiddle Rio Grande Conservancy District may require bid deposits in order to ensure fairness to all bidders. The deposit will be reversed if no default occurs or the bidder does not win the auction.  The deposit will be retained if the winning bidder defaults.


Buyer Premium.  A Buyer Premium of 11% will be added to the final sale price with a $1 minimum charge per auction to collect payment. The premium will be visible during the bidding process and will be included in the payment required.


Removal.  Buyer must remove auction item(s) from the agency premises within ten (10) business days after the time and date of issuance of the Notice of Award. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the agency reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting all property awarded to them from the place where the property is located as indicated on the website and in the Notice of Award.  The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will Middle Rio Grande Conservancy District assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Middle Rio Grande Conservancy District for any damage to Middle Rio Grande Conservancy District property caused by Buye's or Buyer Agents removal of auction item(s) from the premises. No maintenance may be performed on Middle Rio Grande Conservancy District property.  For additional information, please contact Andrew Melendez, (505) 247-0234 ext 1354,


Abandonment of Item.  Auction items paid for but not picked up within the specified time will be stored for 10 days from the last date of available pickup. Middle Rio Grande Conservancy District will charge a storage fee of $10.00 per day during this time, which must be paid by Buyer before the item will be released. At the expiration of the 15 day period, the item will be deemed abandoned and may be auctioned again to pay the storage fee.  Any amount received in excess of the storage fee will be retained by Middle Rio Grande Conservancy District as payment for additional efforts to dispose of the item.


Vehicle Titles. Middle Rio Grande Conservancy District will issue a title or certificate upon receipt of payment.  Titles may be subject to any restrictions as indicated in the item description on the website.  Open titles cannot be issued. Middle Rio Grande Conservancy District will not issue replacement titles.


Default.  Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default may result in termination of the bid contract and suspension from participation in all future sales until the default has been cured.  If the Buyer fails in the performance of their obligations, Middle Rio Grande Conservancy District may retain Buyer√É*s bid deposit and exercise such rights and pursue such remedies as are provided by law.


Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees that the bidder has read, fully understood, and accepted these Terms and Conditions of Online Sales, and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.