A. Any one or more owners of land may petition the board of supervisors to have their lands added to a watershed district. The petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved and other information pertinent to the proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so state and shall be signed by twenty-five or more of the landowners in the territory described, if fifty or more such owners are involved, or by a majority if fewer than fifty landowners are involved.

B. Within thirty days after the petition is filed, the board shall cause due notice to be given as provided in Section 73-20-8 NMSA 1978 of a hearing on the petition. All interested parties shall have a right to attend the hearing and be heard. The board shall determine whether the lands described in the petition or any portion of them shall be included in the district. If all the landowners in the territory involved are not petitioners, a referendum shall be held within the territory in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. If it is determined by the qualified electors of the district that the land should be added, this fact shall be certified by the board of supervisors to the county clerk in the county involved. After recording, the certification shall be filed with the New Mexico department of agriculture.

History: 1953 Comp., § 45-5-38, enacted by Laws 1957, ch. 210, § 20; 1973, ch. 332, § 8; 1977, ch. 254, § 52; 1987, ch. 234, § 75; 2003, ch. 228, § 10; 2018, ch. 79, § 165; 2019, ch. 212, § 256.

Repeals. — Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 165 effective April 3, 2019. Laws 2018, ch. 79, § 165 would have become effective July 1, 2022.

The 2019 amendment, effective April 3, 2019, provided that a referendum on the question of adding land to a watershed district should be held in accordance with the Local Election Act; after "within the territory", deleted "as provided in Sections 73-20-8 through 73-20-11 NMSA 1978 before making a final determination" and added "in accordance with the provisions of the Local Election Act".

The 2003 amendment, effective June 20, 2003, substituted "New Mexico department of agriculture" for "forestry division of the energy, minerals and natural resources department" at the end of Subsection B.

The 1987 amendment, effective July 1, 1987, in Subsection B, in the first sentence substituted "73-20-8 NMSA 1978" for "45-5-26 NMSA 1953", in the fourth sentence substituted "73-20-8 through 73-20-11 NMSA 1978" for "45-5-26 through 45-5-29 NMSA 1953 of the Watershed District Act", in the sixth sentence substituted "the forestry division of the energy, minerals and natural resources department" for "the soil and water conservation division"; and made minor changes in language throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 60.