A. Upon the determination that a proposed district is necessary and administratively practicable, the commission shall appoint two interim supervisors who reside within the district who shall be the governing body of the district until an election of supervisors is held. The two interim supervisors shall present to the secretary of state their verified application, stating:

(1) a recital of the proceedings conducted;

(2) that all proceedings were undertaken lawfully and in accordance with the provisions of the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978];

(3) the name of the proposed district and its geographical boundaries;

(4) the name and official residence of each applicant together with a certified copy of each appointment evidencing the applicant's right to office; and

(5) the designation of the principal office of the supervisors of the district.

B. The verified application of the two district interim supervisors shall be accompanied by certified copies of the commission's recorded orders of determination that the proposed district is necessary and is administratively practicable.

C. The secretary of state, upon finding the application and its supporting attachments are in substantial compliance with the provisions of this section, shall receive, file and record the application in an appropriate book of record and issue to the applicants, under state seal, a certificate of organization of the district. From the date of issuance of the certificate of organization by the secretary of state, the district shall be a governmental subdivision of the state. In any action or proceeding relating to a district or an act of the district, the certificate of organization of the district shall be admissible in evidence as proof of its contents.

D. If the secretary of state finds the name of a proposed district to be the same as or substantially similar to the name of an existing organized district, he shall certify the fact to the commission. The commission shall, with the assistance of the interim supervisors, select and submit a new name to the secretary of state.

History: 1953 Comp., § 45-5-50, enacted by Laws 1965, ch. 137, § 9; 1977, ch. 254, § 65; 2003, ch. 88, § 8.

The 2003 amendment, effective June 20, 2003, inserted "who reside" following "interim supervisors" near the middle of Subsection A; designated the former last paragraph of Subsection A as present Subsection B and redesignated the subsequent paragraphs accordingly; in present Subsection C, deleted "he shall make and" following "record and" near the middle and substituted "a governmental" for "an agency and" following "district shall be" near the middle; and deleted "appointed district" following "assistance of the" near the end of Subsection D.

Separate political subdivision. — Soil conservation district (now soil and water conservation district), properly organized under laws of state, is separate political subdivision thereof. 1956 Op. Att'y Gen. No. 56-6465.

Benefits available to all landowners. — Landowner does not join soil and conservation district upon formation thereof; benefits of soil and water conservation district are available to all owners of land located within boundaries of district, whether such owners have joined said district or not. 1966 Op. Att'y Gen. No. 66-48.

District not subject to licensing. — Former contractor's license board had no authority to license water or soil conservation district in New Mexico. 1966 Op. Att'y Gen. No. 66-48.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319.