A. At any time after five years from the organization of a watershed district, a majority of the landowners in the district may file a petition with the board of supervisors and the board of directors requesting that the existence of the district be discontinued if all obligations of the district have been met. The petition shall state the reasons for discontinuance and demonstrate that all obligations of the district have been met.

B. After giving notice as defined in Section 73-20-8 NMSA 1978, the board of supervisors may conduct hearings on the petition as may be necessary to assist it in making a determination.

C. Within ninety days after petition is filed, an election shall be held pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]; provided that the date of the election is not in conflict with the provisions of Section 1-24-1 NMSA 1978.

D. If a majority of the votes cast in the referendum favors the discontinuance of the district and it is found that all obligations have been met, the board of supervisors shall make a determination that the watershed district shall be discontinued. A copy of the determination shall be certified by the clerk of the county involved for recording. After recording, the certification shall be filed with the New Mexico department of agriculture.

History: 1953 Comp., § 45-5-40, enacted by Laws 1957, ch. 210, § 22; 1973, ch. 332, § 10; 1975, ch. 294, § 8; 1977, ch. 254, § 54; 1987, ch. 234, § 77; 2003, ch. 228, § 12; 2013, ch. 17, § 2; 2013, ch. 169, § 2; 2019, ch. 212, § 257.

The 2019 amendment, effective April 3, 2019, provided that an election on the question of whether to discontinue a watershed district shall be held pursuant to the Local Election Act, and revised the timing of an election on the question of whether to discontinue a watershed district; in Subsection C, after "Within", deleted "sixty" and added "ninety", after "shall be held", deleted "under the supervision of the board of supervisors as provided in Section 73-20-14 NMSA 1978. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate it or its result if notice of the referendum has been given substantially as provided in Subsection B of this section" and added "pursuant to the provisions of the Local Election Act; provided that the date of the election is not in conflict with the provision of Section 1-24-1 NMSA 1978".

The 2018 amendment, effective July 1, 2022, provided that referendums on the discontinuance of districts shall be held pursuant to the Local Election Act; and in Subsection C, after "referendum shall be held", deleted "under the supervision of the board of supervisors as provided in Section 73-20-14 NMSA 1978. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate it or its result if notice of the referendum has been given substantially as provided in Subsection B of this section" and added "pursuant to the Local Election Act".

The 2013 amendment, effective June 14, 2013, eliminated the requirement that at least twenty-five landowners in a district of fifty landowners or more petition for the discontinuance of the district; required that all obligations of a district be met as a precondition to discontinuance of the district; and in Subsection A, in the first sentence, after "watershed district", deleted "twenty-five or more landowners within a district or, if less than fifty landowners are involved" and after "the district be discontinued", added "if all obligations of the district have been met".

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 D.

The 1987 amendment, effective July 1, 1987, in Subsection B, substituted "73-20-8 NMSA 1978" for "45-5-26 NMSA 1953"; in Subsection C, substituted "73-20-14 NMSA 1978" for "45-5-32 NMSA 1953" at the end; in Subsection D, substituted "the forestry division of the energy, minerals and natural resources department" for "the soil and water conservation division" at the end of the last sentence; and made minor language changes throughout the section.