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 sixty days after petition is filed, a referendum shall be held pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 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; 2018, ch. 79, § 166.
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".
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