The owner or owners of land who have not been, are not and cannot be benefited by their inclusion in the watershed district and whose lands do not contribute to the district's purposes may petition the board of supervisors to have the lands withdrawn. The petitions shall be filed with the board of supervisors and the board of directors and shall describe the lands and state the reasons why they should be withdrawn. If it is determined by the board of supervisors that the lands shall be withdrawn, the determination shall be certified to the county clerk of each county in which any portion of the lands lie. After recording, the certification shall be filed with the New Mexico department of agriculture.
History: 1953 Comp., § 45-5-39, enacted by Laws 1957, ch. 210, § 21; 1973, ch. 332, § 9; 1975, ch. 294, § 7; 1977, ch. 254, § 53; 1987, ch. 234, § 76; 2003, ch. 228, § 11; 2013, ch. 17, § 1; 2013, ch. 169, § 1.
The 2013 amendment, effective June 14, 2013, narrowed the class of owners who may petition to withdraw land by adding the qualification that the owner's land does not contribute to the district's purpose; eliminates the requirements for a hearing; in the first sentence, after "watershed district", added phrase "and whose lands do not contribute to the district's purposes"; and deleted the former third and fourth sentences which provided for a hearing on a petition to withdraw land and notice of hearing.
Laws 2013, ch. 17, § 1 and Laws 2013, ch. 169, § 1, both effective June 14, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 169, § 1. See 12-1-8 NMSA 1978.
The 2003 amendment, effective June 20, 2003, substituted "who" for "which" following "owners of land" and substituted "New Mexico department of agriculture" for "forestry division of the energy, minerals and natural resources department" at the end.
The 1987 amendment, effective July 1, 1987, in the third sentence substituted "73-20-8 NMSA 1978" for "45-5-26 NMSA 1953"; in the fifth sentence substituted "the forestry division of the energy, mineral and natural resources department" for "the soil and water conservation division" at the end; 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.
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