As used in the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978]:

A. "district" means a soil and water conservation district as described in Section 73-20-44 NMSA 1978;

B. "supervisor" means a member of the governing body of a district;

C. "commission" means the soil and water conservation commission;

D. "agencies of the United States" includes the natural resources conservation service of the United States department of agriculture;

E. "landowner" includes resident and nonresident owners of natural resources;

F. "due notice" means the publication or broadcasting of the appropriate information by newspapers of general circulation and, if appropriate, broadcast stations licensed by the federal communications commission, or by other means that meet the requirements of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. If print or broadcast media do not service the affected geographical area, due notice may be given by posting the appropriate information in notice form in six conspicuous public places where it is customary to post notices concerning county or municipal affairs within the affected geographical area;

G. "department" means the New Mexico department of agriculture;

H. "director" means the director of the department;

I. "natural resources" includes land, except for the oil, gas and other minerals underlying the land; soil; water; air; vegetation; trees; wildlife; natural beauty; scenery; open space; and human resources, when appropriate;

J. "board of regents" means the board of regents of New Mexico state university; and

K. "registered voter" means a person who is registered to vote in New Mexico pursuant to the provisions of the Election Code [Chapter 1 NMSA 1978].

History: 1953 Comp., § 45-5-44, enacted by Laws 1965, ch. 137, § 3; 1973, ch. 324, § 2; 1977, ch. 254, § 57; 1987, ch. 234, § 78; 1997, ch. 137, § 3; 2003, ch. 88, § 2.

The 2003 amendment, effective June 20, 2003, substituted "as described in Section 73-20-44 NMSA 1978" for "which is a governmental subdivision of the state, a public body corporate and politic; organized for the purposes, granted the powers and subject to the restrictions of the Soil and Water Conservation District Act" at the end of Subsection A; deleted "'committee' or" at the beginning of Subsection C; deleted "as defined in the Soil and Water Conservation District Act" at the end of Subsection E; in Subsection F, inserted "or broadcasting" following "publication" near the beginning, substituted "by newspapers of general circulation and, if appropriate, broadcast stations licensed by the federal communications commission, or by other means that meet the requirements of the Open Meetings Act. If print of broadcast media do" for "in notice form in a newspaper or other written medium of general circulation within the affected geographical area at least twice, with a period of ten or more days intervening between the first and last publication. If a newspaper of general circulation or other written medium of general circulation does" near the middle; in Subsection I, inserted "air" following "water" and "wildlife" following "trees" near the middle and substituted "when" for "are included where" near the end; inserted "of regents" following "board" near the beginning of Subsection J; and inserted present Subsection K.

The 1997 amendment, effective July 1, 1997, in Subsection A, inserted "which is"; in Subsection D, substituted "natural resources conservation service" for "soil and conservation service"; rewrote Subsection G; added Subsection H; redesignated former Subsection H as Subsection I; deleted former Subsection I, defining "Secretary"; and added Subsection J.

The 1987 amendment, effective July 1, 1987, in Subsection G, substituted "the forestry division of the energy, minerals and natural resources department" for "the soil and water conservation division"; added Subsection I; and made a minor language change in Subsection H.