For the purpose of establishing a drainage district under this act [73-8-1 to 73-8-60 NMSA 1978] a petition shall be filed with the board of county commissioners of the county wherein is embraced the largest acreage of the proposed district; such petition shall state the purposes of the proposed organization, shall contain a general description of the boundaries of the proposed drainage district, the name proposed for such district, and shall designate a committee composed of three of the petitioners to present such petition to such board of county commissioners, shall contain a prayer that said board shall define and establish the boundaries of the proposed drainage district and submit the question of the organization of same to a vote of the qualified electors resident within the proposed district; such petition shall be signed by a majority of the resident freeholders within the proposed district, who shall be the owners in the aggregate of one-third of the total area of lands within the proposed district belonging to the resident freeholders within such district.
Notice of the filing of such petition with the board of county commissioners shall be published once each week for four successive weeks in some newspaper of general circulation printed and published in each county wherein shall be situate any lands proposed to be embraced in any such district, which notice shall set forth the substance of such petition and the time and place when the same will be acted upon by said board of county commissioners, which time may be at any regular meeting or at any special meeting of such board called for such purpose.
History: Laws 1917, ch. 22, § 2; C.S. 1929, § 40-202; 1941 Comp., § 77-2002; 1953 Comp., § 75-21-2.
Compiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
Cross references. — For provisions on publication of notice, see Chapter 14, Article 11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 37.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 8 - Drainage Districts Within Federal Reclamation Projects
Section 73-8-1 - [Organization of districts.]
Section 73-8-2 - [Petition; filing; contents; publication of notice.]
Section 73-8-3 - [Publications; language; time and manner.]
Section 73-8-4 - [Hearings; boundaries; election divisions; mandamus.]
Section 73-8-5 - [District officers.]
Section 73-8-6 - [Number of directors and election divisions.]
Section 73-8-7 - [Notice of election; publication.]
Section 73-8-8 - [Conduct of elections.]
Section 73-8-9 - [Majority and plurality.]
Section 73-8-10 - [Providing ballots.]
Section 73-8-11 - ["Resident freeholder" defined.]
Section 73-8-12 - [Canvass of votes of first election; order.]
Section 73-8-13 - [Biennial election date.]
Section 73-8-14 - [Official oaths.]
Section 73-8-15 - [Directors' offices; conduct of elections after organization.]
Section 73-8-17 - [Canvass of returns after organization.]
Section 73-8-21 - [Title and management of property.]
Section 73-8-22 - [Powers of board; judicial notice of district organization.]
Section 73-8-23 - [Elections on bond issues and federal contracts; conduct; terms of bonds.]
Section 73-8-24 - [Assessments for bond interest and installments.]
Section 73-8-26 - [Certification of amounts to be assessed.]
Section 73-8-27 - [Duties of county assessor relating to district.]
Section 73-8-30 - [Application of general revenue laws.]
Section 73-8-31 - [Warrants; restrictions on issuance and payment; register.]
Section 73-8-32 - [Expense levy; power of constructing system; rights-of-way; state land.]
Section 73-8-33 - [Compensation and expenses of directors and president; offenses; penalty.]
Section 73-8-34 - [Incurrence of unauthorized debt prohibited.]
Section 73-8-35 - [Changing boundaries; effect.]
Section 73-8-36 - [Petition for inclusion of adjacent land; acknowledgment.]
Section 73-8-37 - [Notice of hearing on petition to include lands; contents; expenses.]
Section 73-8-38 - [Hearing; procedure; effect.]
Section 73-8-39 - [Requiring payment of pro rata share of prior costs.]
Section 73-8-40 - [Rejection or acceptance of petition to include lands; orders.]
Section 73-8-41 - [Filing certified copy of order including land, with map; effect.]
Section 73-8-42 - [Recording petition in minutes of board; evidential value.]
Section 73-8-43 - Powers of fiduciaries.
Section 73-8-44 - [Revising election divisions and precincts after including more land.]
Section 73-8-45 - [Excluding land.]
Section 73-8-46 - [Petition for exclusion of land after organization.]
Section 73-8-47 - [Publication of notice of hearing on exclusion of land; contents; expenses.]
Section 73-8-48 - [Hearing on petition for exclusion of land.]
Section 73-8-49 - [Order for denial or approval of exclusion of land.]
Section 73-8-50 - [Filing order of exclusion and new plat; effect.]
Section 73-8-51 - [Revising election divisions and precincts after exclusion of land.]
Section 73-8-52 - [Dissolution of district; petition; election; restrictions.]
Section 73-8-53 - [Canvass of vote; declaration of dissolution; filing.]
Section 73-8-54 - [Special actions for validation of proceedings of board.]
Section 73-8-55 - [Petition for validation of board proceedings; contents.]
Section 73-8-56 - [Hearing on petition for validation of board proceedings.]
Section 73-8-57 - [Demurrers and answers to petition for validation of board proceedings.]
Section 73-8-58 - [Consideration and judgment on petition to validate board proceedings.]