0001| HOUSE BILL 1264
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DANIEL P. SILVA
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO SPECIAL DISTRICTS; AMENDING THE PROCEDURE FOR
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0012| ELECTING ACEQUIA OR COMMUNITY DITCH OFFICERS; PROVIDING FOR
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0013| ALTERNATIVE VOTING METHODS; SPECIFYING PROCEDURES FOR CHANGING
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0014| MANNER OF VOTING.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 73-2-14 NMSA 1978 (being Laws 1895,
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0018| Chapter 1, Section 3, as amended) is amended to read:
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0019| "73-2-14. DITCH ELECTIONS--VOTES. [SEC. 100.] The
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0020| election for acequia or community ditch officers under this
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0021| article shall be held by the outgoing commissioners under rules
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0022| and regulations to be prescribed by them. Only those having
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0023| water rights in the acequia or ditch and who are not delinquent
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0024| in the payment of their assessments [and fail to] or who
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0025| proffer [such] the delinquent assessment at the time they
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0001| offer to vote shall be allowed to vote [but]. Votes may be
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0002| cast by written proxy and [shall be in proportion to the
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interest of the voter in the ditch or water or in proportion to
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the number or amount of his water rights] voting may be
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0005| either in proportion to the amount of water rights owned by the
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0006| voter or one vote may be cast by each owner of a water right;
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0007| provided that if one vote is cast by each owner of a water
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0008| right, only one joint owner may cast a vote where there is
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0009| joint ownership of a water right.
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0010| The manner of voting shall not be changed except by a two-
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0011| thirds vote of those owners present and voting at a special
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0012| meeting; provided that any voting system existing on January 1,
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0013| 1997 and used to approve expenditures or assessments shall not
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0014| be changed for those expenditures or assessments of one
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0015| thousand dollars ($1,000) or more. A notice specifying the
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0016| purpose of a special meeting shall be mailed to each owner at
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0017| least twenty-one days prior to the meeting. The special
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0018| meeting shall be called only upon written petition to the
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0019| commissioners, signed by no less than fifty-one percent of the
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0020| owners and shall not be called more often than one time in two
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0021| years."
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0022| Section 2. Section 73-3-3 NMSA 1978 (being Laws 1903,
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0023| Chapter 32, Section 2, as amended) is amended to read:
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0024| "73-3-3. ELECTION--VOTES--CANVASS. [SEC. 136.] The
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0025| election for acequia or community ditch officers, under [this
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article] Chapter 73, Article 3 NMSA 1978, shall be held by
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0002| the outgoing commissioners under written rules and regulations
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0003| to be prescribed by them. Only those having water rights in
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0004| the acequia or ditch and who are not delinquent in the payment
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0005| of their assessments shall be allowed to vote, but votes may be
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0006| cast by written proxy. [All votes shall be in proportion to
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the interest of the voter in the ditch or water or in
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proportion to the number or amount of his water rights, which,
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for election purposes, shall never exceed the lands under
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irrigation the outgoing year.] Voting may be either in
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0011| proportion to the amount of water rights owned by the voter or
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0012| one vote may be cast by each owner of a water right; provided
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0013| that if one vote is cast by each owner of a water right, only
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0014| one joint owner may cast a vote where there is joint ownership
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0015| of a water right. They shall canvass the votes cast and shall
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0016| record and publicly announce the result of the election within
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0017| twenty-four hours after the close of the [same] election.
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0018| Contests, if any, shall be commenced and conducted as provided
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0019| by law in the case of general elections for county officers,
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0020| but the notice of contest shall be filed within fifteen days
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0021| after the result of the election is announced as herein
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0022| required. The manner of voting shall not be changed except by
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0023| a two-thirds vote of those owners present and voting at a
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0024| special meeting; provided that any voting system existing on
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0025| January 1, 1997 and used to approve expenditures or assessments
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0001| shall not be changed for those expenditures or assessments of
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0002| one thousand dollars ($1,000) or more. A notice specifying the
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0003| purpose of a special meeting shall be mailed to each owner at
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0004| least twenty-one days prior to the meeting. The special
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0005| meeting shall be called only upon written petition to the
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0006| commissioners, signed by no less than fifty-percent of the
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0007| owners and shall not be called more often than one time in two
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0008| years."
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0009|
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