The board of directors, if they deem it not for the best interest of the district that the lands mentioned in the petition or some portion thereof, should be excluded from said district, shall order that said petition be denied; but if they deem it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if there are no outstanding bonds of the district, then the board may order the lands mentioned in the pettiion [petition], or some defined portion thereof, to be excluded from the district; provided, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the exclusion of such lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom.
Provided, further, that in case contract has been made between the district and the United States as in Section 13 [73-10-16 NMSA 1978] hereof provided, no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent shall be filed with the board of directors.
History: Laws 1919, ch. 20, § 48; C.S. 1929, § 73-149; 1941 Comp., § 77-2238; 1953 Comp., § 75-23-38.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For proceedings to determine validity of exclusion, see 73-11-6 to 73-11-10 NMSA 1978.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Section 73-10-2 - [Water users under community ditches; voting power unaffected.]
Section 73-10-4 - [Publications to be in English and Spanish.]
Section 73-10-5 - Boundaries set by petition; divisions; election call; officers.
Section 73-10-7 - Districts 25,000 acres or less; qualified electors.
Section 73-10-9 - [First election of directors; biennial elections thereafter.]
Section 73-10-10 - [Election of officers; oath; bonds of directors.]
Section 73-10-11 - [Office of directors; notice of election; judges; time and place.]
Section 73-10-12 - [Oaths of judges; opening and closing of polls; returns.]
Section 73-10-13 - Absent voting permitted.
Section 73-10-15 - [Statement of results; certificates of election; vacancy in office of director.]
Section 73-10-20 - [Legal status of irrigation district; conveyances; court proceedings.]
Section 73-10-21 - [Plan for construction; advertising for bids; contractors bonds.]
Section 73-10-22 - [Rights-of-way over private property; eminent domain; state lands.]
Section 73-10-24 - [Water supply inadequate; distribution on alternate days.]
Section 73-10-25 - [Preservation of prior rights.]
Section 73-10-26 - [Change of boundaries; effect; assent of secretary of the interior.]
Section 73-10-27 - [Petition for inclusion of additional lands.]
Section 73-10-29 - [Hearing on petition for including lands.]
Section 73-10-34 - Authorization to sign petition or protest.
Section 73-10-35 - [Redivision of district after addition of lands; election of directors.]
Section 73-10-36 - [Exclusion of lands; status of district unaffected.]
Section 73-10-37 - [Petition to exclude lands; description of lands; acknowledgment.]
Section 73-10-39 - [Hearing on petition for excluding lands; objections.]
Section 73-10-40 - [Order granting or denying petition for excluding land; protest of electors.]
Section 73-10-41 - [Petition for exclusion of land approved; filing order and new plat.]
Section 73-10-42 - [Redivision of district after exclusion of lands; election of directors.]
Section 73-10-43 - [Petition for dissolution of district; notice of election; ballots.]
Section 73-10-47 - [Employees' pensions; group insurance; employers' liability insurance.]
Section 73-10-49 - Special water users' association; certificate of organization.
Section 73-10-50 - Special water users' association; organizational status; officers.