HB 1208

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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 the petition is presented and it appears

that the notice of the presentation of the petition has been

given as required by law and that the petition has been signed

by the requisite number of petitioners as required by Chapter

73, Articles 10 and 11 NMSA 1978, the commissioners shall

proceed to define the boundaries of the proposed district from

the petition and from the application for the exclusion of

lands from it and the inclusion of lands in it as may be made

in accordance with the intent of those articles. The

commissioners may adjourn the examination from time to time,

not exceeding three weeks, and shall by final order duly

entered define and establish the boundaries of the proposed

district. The board shall not modify the proposed boundaries

described in the petition to change the objects of the

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petition or to exempt from the provisions of 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 the proposed district; nor shall

any land that will not, in the judgment of the board, be

benefited by such proposed water system be included in the

district if the owner or entryman of the land shall make

application at the hearing to withdraw it. The contiguous

lands not included in the proposed district as described in

the petition may upon application of the owner be included in

the district upon the hearing, in the event that it shall be

determined that the water supply for the additional lands is

available and that in other respects it is feasible for the

lands of the petitioners to be included within the district.

B. When the boundaries of any proposed district

have been examined and defined, the county commissioners shall

make an order allowing the prayer of the petition, defining

and establishing the boundaries and designating the name of

the proposed district. The commissioners shall, by further

order duly entered upon their record, call an election of the

qualified electors of the district to be held for the purpose

of determining whether the district shall be organized under

the provisions of Chapter 73, Articles 10 and 11 NMSA 1978 and

by the order shall submit the names of one or more persons

from each of the divisions of the district provided by those

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articles to be voted for as directors. For the purpose of the

election, the commissioners shall divide 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 the divisions shall be elected as

a member of the board of directors of 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.

Three judges shall be appointed for each of the precincts, one

of whom shall act as clerk of the election. In the hearing of

any such petition, the board of county commissioners shall

disregard any informality in it and in case the commissioners

deny it or dismiss it for any reason on account of the

provisions of 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

petition, they shall state their reasons in writing in detail,

which shall be entered upon their records. In case these

reasons are not well founded, a writ of mandamus shall, upon

proper application for it, issue out of the district court of

the county, compelling them to act in compliance with 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 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."

HB 1208

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