New Mexico Statutes
Article 9 - Irrigation Districts
Section 73-9-39 - [Notice of proposed annexation; contents; publication; costs.]

The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once a week for three successive weeks in a newspaper published in the county where the office of said board is situate, which notice shall state the filing of such petition and the names of the petitioners; a description of the lands mentioned in the petition, and the prayer of said petitioners; giving notice to all persons interested, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the petition should not be granted. The time specified in the notice at which it shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under such petition before the secretary shall be required to give such notice.
History: Laws 1919, ch. 41, § 33; C.S. 1929, § 73-233; 1941 Comp., § 77-2137; 1953 Comp., § 75-22-37.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 56.
94 C.J.S. Waters § 319.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 73 - Special Districts

Article 9 - Irrigation Districts

Section 73-9-1 - Organizers' qualifications; exempt areas; exception.

Section 73-9-2 - [Voting power of water users under town or village community ditches.]

Section 73-9-3 - [Petition to establish irrigation district; contents; signatures; filing; cost bond; publication of petition and notice; "resident freeholder" defined; agency.]

Section 73-9-4 - [Proceedings by county commissioners on receiving petition; boundaries; applications for inclusions and exclusions; adjournments; approval; election; denial of petition; mandamus; management by board of directors.]

Section 73-9-5 - Irrigation district; notice; election; ballots.

Section 73-9-6 - [Determining and declaring results of election; effect; including district's lands in another district; officers holdover; change of divisions, voting precincts and polling places.]

Section 73-9-7 - First election; terms.

Section 73-9-8 - Second and subsequent elections.

Section 73-9-9 - Irrigation districts; transitional features for present boards.

Section 73-9-10 - [Location of office; secretary; notice of elections; election board.]

Section 73-9-11 - [Election board; chairman's powers; opening and closing polls; return.]

Section 73-9-12 - [Determining and declaring result of election; plurality elects.]

Section 73-9-13 - [Election statement and certificates; filling vacancy in office of director.]

Section 73-9-14 - [Board of directors; organization; powers; water regulations; delinquent assessments; engineer's report on water supply; contracts; pro rata distribution; delivering water to other lands; assignment of water rights.]

Section 73-9-15 - [Meetings of directors; quorum; concurrence; records; entry on lands; acquisition of property; tax exemption.]

Section 73-9-16 - [Acquisition of property; suits; judicial notice and presumption of organization; certified copies as evidence.]

Section 73-9-17 - Bonds; authority to issue; election; how payable; form and contents.

Section 73-9-18 - Sale; notice.

Section 73-9-19 - Bonds; how paid; liens.

Section 73-9-20 - Special proceedings to enforce collection.

Section 73-9-21 - President and secretary to compile bond statement.

Section 73-9-22 - Directors certify amounts needed; assessment; no funds to be transferred.

Section 73-9-23 - Board of directors to submit accurate description of lands to county assessor.

Section 73-9-24 - Tax assessments.

Section 73-9-25 - Creation of sinking fund.

Section 73-9-26 - Tax levy.

Section 73-9-27 - County treasurer; duties; bonds and coupons in payment of taxes; accounts; collection and distribution of taxes.

Section 73-9-28 - Taxation; general laws applicable.

Section 73-9-29 - [Contracts for construction of works; advertisement; bids; contractor's bond; supervision by engineer.]

Section 73-9-30 - [Claims against district; verification; allowance; warrants; register; payment.]

Section 73-9-31 - [Expenses of organization, operation and improvements to be paid from water tolls and/or tax levies; tax levy to complete original construction.]

Section 73-9-32 - [Crossings authorized; right-of-way over state lands granted.]

Section 73-9-33 - Compensation of directors and secretary; personal interest in contracts; bribery; penalty.

Section 73-9-34 - [Statutory authorization required for debts and liabilities.]

Section 73-9-35 - [Water volume insufficient; distribution.]

Section 73-9-36 - [Prior water rights protected.]

Section 73-9-37 - [Change of district boundaries; authorization; effect.]

Section 73-9-38 - [Petition for annexation of lands; who may file; contents; acknowledgment.]

Section 73-9-39 - [Notice of proposed annexation; contents; publication; costs.]

Section 73-9-40 - [Hearing on proposed annexation; written objections.]

Section 73-9-41 - [Petitioners required to pay sums determined by directors.]

Section 73-9-42 - [Decision on petition; survey; allowance nullified by protests within thirty days.]

Section 73-9-43 - [Allowance of petition for annexation; certified copy of order and plat; recording; effect; evidence.]

Section 73-9-44 - Participation in proceedings for change of district boundaries.

Section 73-9-45 - [Redivision of district after annexation.]

Section 73-9-46 - [Exclusion of lands from district; authorization; effect.]

Section 73-9-47 - Petition or resolution for exclusion.

Section 73-9-48 - Petition or resolution for exclusion; notice; publication.

Section 73-9-49 - Petition or resolution for exclusion; hearing.

Section 73-9-50 - Petition or resolution for exclusion; hearing; order; protest.

Section 73-9-51 - [Unprotested allowance of petition; certified copy of order and plat; recording; effect.]

Section 73-9-52 - [Redivision of district after exclusion.]

Section 73-9-53 - [Petition for dissolution of district; who may file; contents; calling election; notice; ballots.]

Section 73-9-54 - [Determining and declaring result of election; recording certificate.]

Section 73-9-55 - Bond issue; proceedings to determine validity.

Section 73-9-56 - Bond issue; petition for proceedings to determine validity.

Section 73-9-57 - Proceedings to determine validity of bonds; notice of hearing.

Section 73-9-58 - Determining validity of bonds; procedure.

Section 73-9-59 - Determining validity of bonds; hearing; decree; costs.

Section 73-9-60 - ["District" defined.]

Section 73-9-61 - [Former districts; validation of organization, bonds and contracts; application of article.]

Section 73-9-62 - [Repeal; saving clause.]