In order to establish an artesian conservancy district under this act [73-1-1 to 73-1-13 and 73-1-16 to 73-1-23 NMSA 1978], a petition shall be filed in the district court of the county wherein the greater portion of the lands to be embraced in the district are situated, the same to be signed by the owners of more than one-third (1/3) of the real property in such proposed district, in either acreage or value as shown by the last preceding assessment roll in the county, or counties, wherein such district is proposed to be created. Such petition may be signed by any person, firm, association, corporation or the officers duly authorized of any town, village, city or municipality owning lands within the proposed district. Any city interested in some degree in the improvements or purposes for which a district is to be formed, may, upon proper action of its governing body alone, file the petition required by this section; provided, the population and businesses conducted in such city own at least one-third (1/3) of the lands within said district in either acreage or value as shown by the last preceding assessment roll of the county, or counties, wherein such district is proposed to be created.
The petition shall set forth:
A. the proposed name of the district;
B. a statement of the purpose, or purposes, for which the district is to be formed, and showing wherein the property within the proposed district will be benefited by the accomplishment of some one or more of the purposes enumerated, and giving a general description of the property to be included in the proposed district. Such description need not be given by metes and bounds, or by legal subdivisions, but it shall be sufficient if it enable a property owner to ascertain whether his property is within the territory proposed to be organized as a district, and it need not be necessary that all the property embraced within the district be contiguous;
C. said petition shall pray for the organization of the district by the name proposed.
History: Laws 1931, ch. 97, § 3; 1941 Comp., § 77-1303; 1953 Comp., § 75-13-3.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Formation and organization of conservancy districts, 69 A.L.R. 285.
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.]