A. The same land may be included in more than one district and be subject to the provisions of this act for each and every district in which it may be included, provided that no district shall be organized in whole or in part within the territory of a district already organized, until the court having jurisdiction of the original district shall determine, upon application, whether the purposes of this act will best be accomplished by the organization of an additional district, or whether the conditions demand that the territory proposed to be organized into an additional district shall be organized as part of the existing district. Such application shall fulfill all the requirements of a petition for a district as set forth in Section 202 [73-14-5 NMSA 1978].
B. Upon such application being made, if the court shall determine that the organization of such territory as a part of the original district should not be ordered, then proceedings may be had before any court of competent jurisdiction for the formation of an additional district.
C. Any person whose signature has been subscribed to said application may within ten (10) days after such decision withdraw his signature therefrom, and if at the expiration of said period there remain sufficient subscribers to said petition to satisfy the requirements of Section 202, and in case the court shall determine that the territory described in such application, if organized for the purpose of a district, should be included within the original district, like proceedings shall thereupon be had with respect to the territory and the owners thereof as in the case of a petition for the formation of a district. Upon the hearing so had, if it shall appear that the purpose of this act would be subserved by the organization of such territory as part of the original district, the court shall enter an order accordingly.
History: Laws 1927, ch. 45, § 601; C.S. 1929, § 30-601; 1941 Comp., § 77-3001; 1953 Comp., § 75-31-1.
Compiler's notes. — The term "this act" refers to the Conservancy Act of New Mexico, enacted by Laws 1927, ch. 45, the provisions of which are presently compiled as 73-14-1 to 73-14-9, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978. See 73-14-1 NMSA 1978 and notes.
Same land may be included in more than one district. In re Sandia Conservancy Dist., 1953-NMSC-056, 57 N.M. 413, 259 P.2d 577.
Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 60.
52A C.J.S. Levees and Flood Control § 17; 94 C.J.S. Waters § 319(3).
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 17 - Conservancy Districts; General Provisions
Section 73-17-1 - Lands in more than one district.
Section 73-17-2 - Union of districts.
Section 73-17-3 - Subdistricts.
Section 73-17-4 - District protection.
Section 73-17-5 - Prohibition of injury to survey marks [; field notes are district property]
Section 73-17-6 - Liability for damages.
Section 73-17-7 - Penalty for fraud.
Section 73-17-8 - Removal of officials for cause.
Section 73-17-9 - Remedy by mandamus.
Section 73-17-10 - Cooperation with United States government or other agencies.
Section 73-17-11 - Board to secure cooperation.
Section 73-17-12 - Interference with state and federal rights.
Section 73-17-13 - Federal [or state] appropriations.
Section 73-17-14 - State lands.
Section 73-17-15 - Correction of faulty notices.
Section 73-17-16 - Early hearings.
Section 73-17-17 - Appeals shall not delay proceedings.
Section 73-17-18 - Remedy for injury by a district.
Section 73-17-19 - Short forms and abbreviations.
Section 73-17-20 - Liberal construction.
Section 73-17-21 - Prescription and adverse possession.
Section 73-17-22 - Property, title, tax exempt.