HOUSE BILL 1208
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Jose A. Campos
AN ACT
RELATING TO IRRIGATION DISTRICTS; ALLOWING IRRIGATION DISTRICTS ORGANIZED PURSUANT TO CHAPTER 73, ARTICLE 10 NMSA 1978 THAT HAVE THREE-MEMBER BOARDS TO INCREASE THE NUMBER OF BOARD MEMBERS TO FIVE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 73-10-5 NMSA 1978 (being Laws 1919, Chapter 20, Section 5) is amended to read:
"73-10-5. BOUNDARIES SET BY PETITION--DIVISIONS--ELECTION CALL--OFFICERS.--
A. When [such] the petition is presented and it [shall appear] appears that the notice of the presentation of [said] the petition has been given as required by law and that [said] the petition has been signed by the requisite number of petitioners as required by [this Act] Chapter 73, Articles 10 and 11 NMSA 1978, the commissioners shall [then] proceed to define the boundaries of [said] the proposed district from [said] the petition and from [such] the application for the exclusion of lands [therefrom] from it and the inclusion of lands [therein] in it as may be made in accordance with the intent of [this Act; they] those articles. The commissioners may adjourn [such] the examination from time to time, not exceeding three weeks [in all], and shall by final order duly entered define and establish the boundaries of [such] the proposed district [provided, that]. The [said] board shall not modify [such] the proposed boundaries described in the petition [so as] to change the objects of [said] the petition or [so as] to exempt from the [operation] provisions of [this Act] those articles any land within the boundaries proposed by the petition susceptible to irrigation by the same system of water works applicable to other lands in [such] the proposed district; nor shall any land [which] that will not, in the judgment of the board, be benefited by such proposed water system be included in [such] the district if the owner or entryman [thereof] of the land shall make application at [such] the hearing to withdraw [the same; provided, also that] it. The contiguous lands not included in [said] the proposed district as described in the petition may upon application of the owner [or owners] be included in [such] the district upon [such] the hearing, in the event that it shall be determined that the water supply for [such] the additional lands is available and that in other respects it is feasible for the lands of the petitioners to be included within [such] the district.
B. When the boundaries of any proposed district [shall] have been examined and defined [as aforesaid], the county commissioners shall [forthwith] make an order allowing the prayer of [said] the petition, defining and establishing the boundaries and designating the name of [such] the proposed district. [Thereupon] The [said] commissioners shall, by further order duly entered upon their record, call an election of the qualified electors of [said] the district to be held for the purpose of determining whether [such] the district shall be organized under the [conditions] provisions of [this Act] Chapter 73, Articles 10 and 11 NMSA 1978 and by [such] the order shall submit the names of one or more persons from each of the divisions of [said] the district [as hereinafter] provided by those articles to be voted for as directors [therein and]. For the purpose of [said] the election, the commissioners shall divide [said] the district into divisions, in number as hereinafter designated, as nearly equal in size as may be practical and shall provide that one qualified elector of each of [said] the divisions shall be elected as a member of the board of directors of [said] the district by the qualified electors of the whole district. The board of county commissioners shall establish and define a convenient number of election precincts and designate polling places, subject to amendment by the board of directors for subsequent elections [and]. Three judges shall be appointed for each of [such] the precincts, one of whom shall act as clerk of [said] the election [provided, that]. In the hearing of any such petition, the board of county commissioners shall disregard any informality [therein] in it and in case [they] the commissioners deny [the same] it or dismiss it for any reason on account of the provisions of [this Act] Chapter 73, Articles 10 and 11 NMSA 1978 not having been complied with, which are the only reasons upon which they shall have a right to refuse or dismiss the [same] petition, they shall state their reasons in writing [therefor] in detail, which shall be entered upon their records [and]. In case these reasons are not well founded, a writ of mandamus shall, upon proper application [therefor] for it, issue out of the district court of [said] the county, compelling them to act in compliance with [this Act] Chapter 73, Articles 10 and 11 NMSA 1978, which writ shall be heard within twenty days from the date of its issuance.
C. The officers of [such] the district shall consist of the directors, a secretary and a treasurer. The directors and divisions of irrigation districts shall be in number, for districts having an irrigable area of twenty-five thousand acres or less, three; for districts having an irrigable area of more than twenty-five thousand acres and not more than fifty thousand acres, five; for districts having an irrigable area of more than fifty thousand acres and less than seventy-five thousand acres, seven; and for districts having an irrigable area of seventy-five thousand acres or more, nine directors and divisions; provided that the directors of a district having an irrigable area of twenty-five thousand acres or less may by majority vote increase the number of directors and divisions of the district to five."
- 5 -