The owner or owners in fee of any lands constituting a portion of any irrigation district, may file with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The board of directors of said district may also initiate such exclusion proceedings against any lands which, in their judgment, it would be for the best interests of the district and all parties interested therein to exclude, by resolution adopted by it and included in the minutes of any regular meeting of said board or of any special meeting thereof called for that purpose. Said petition or said resolution shall describe the lands which the petitioners or the board of directors desire to have excluded, but the description of such lands need not be more particular than required when lands are entered in the assessment book by the county assessor. When such exclusion proceedings shall be initiated by petition of landowners, said petition must be acknowledged in the same manner and form as is required in case of a conveyance of land.
History: Laws 1919, ch. 41, § 41; C.S. 1929, § 73-241; Laws 1935, ch. 36, § 4; 1941 Comp., § 77-2145; 1953 Comp., § 75-22-45.
Compiler's notes. — Although the title of Laws 1927, ch. 148, purports to amend Laws 1919, ch. 41, § 41, the section was not included in that act. The title should have included § 41 as § 49 was amended by Laws 1927, ch. 148. See compiler's note under 73-9-55 NMSA 1978.
Cross references. — For acknowledgements, see 14-14-1 to 14-14-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319.
Structure 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 73-9-5 - Irrigation district; notice; election; ballots.
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 73-9-17 - 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 73-9-28 - Taxation; general laws applicable.
Section 73-9-30 - [Claims against district; verification; allowance; warrants; register; payment.]
Section 73-9-32 - [Crossings authorized; right-of-way over state lands granted.]
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 73-9-44 - 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 73-9-52 - [Redivision of district after exclusion.]
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.