Upon the filing of a petition as provided for in Section 1 [73-1-14 NMSA 1978] hereof, the district court having jurisdiction shall, by order, require notice to be published by the clerk of the court, at such time and places as the court may designate, giving notice to all landowners affected by the proposed change that a hearing will be had at a time and place designated in such notice, for the purpose of determining whether or not all of the lands described in the certificate of the state engineer filed with the said petition should be included in the artesian conservancy district, and the decree establishing the district amended accordingly. It shall not be necessary for the clerk to name the parties interested, nor to describe the separate lots, tracts or parcels of land affected in giving such notice, but it shall be sufficient to give such description of the lands proposed to be included as will enable the owner to determine whether or not his land is covered by such description.
The notice shall state that any person affected by the proposed inclusion of such lands shall have the right to file objections thereto, on or before the date set for hearing. If, after hearing such objections, if any, and considering any evidence introduced in support thereof, the court finds that the said lands described in the petition should be included within the said artesian conservancy district, the court shall enter an order amending said decree, as prayed for in said petition, and thereupon said lands shall be included within the said conservancy district and shall be subject to the same rights, powers and authority as given by law to such artesian conservancy district over lands located within said district.
History: 1953 Comp., § 75-13-13.2, enacted by Laws 1957, ch. 208, § 2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 1 - Artesian Conservancy Districts
Section 73-1-1 - [Purpose of districts.]
Section 73-1-2 - [Lands included in district; two or more artesian basins in one district.]
Section 73-1-3 - [Petition; signers; contents of petition.]
Section 73-1-4 - [Correction of errors in petition.]
Section 73-1-5 - [More than one petition for same district.]
Section 73-1-6 - Signing of petition.
Section 73-1-7 - [Tax roll as prima facie evidence of property ownership and value.]
Section 73-1-8 - [Bond; sufficiency; failure to execute additional bond when required.]
Section 73-1-9 - [Hearing; time and place; publication of notice.]
Section 73-1-10 - [Filing of objections; hearing as advanced cause.]
Section 73-1-12 - Recording of findings and decree; fees.
Section 73-1-14 - [Inclusion of additional lands after extension of basin boundaries.]
Section 73-1-15 - [District court procedure; notice.]
Section 73-1-16 - [Directors; term of office; vacancies on board.]
Section 73-1-17 - [Board of directors; oath of office; officers; seal; records; bylaws.]
Section 73-1-18 - [Majority to constitute quorum; concurrence of majority.]
Section 73-1-19 - [Secretary; duties; board of directors; powers; expenses.]
Section 73-1-20 - [Program of water conservation; prevention of leaking wells.]
Section 73-1-21 - Tax roll based on needed improvements; limitation.
Section 73-1-22 - Assessment and collection; levy to be property lien; time of payment.
Section 73-1-23 - [Loans in anticipation of taxes; repayment.]
Section 73-1-24 - [Underground waters.]
Section 73-1-26 - [Right of conservancy district to protest interference; appeal to district court.]