After the board of supervisors has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for creation of the proposed watershed district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in Section 73-20-13 NMSA 1978 is administratively practicable and feasible. To assist the board of supervisors in this determination, the board shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district. Due notice of the referendum shall be given as provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History: 1953 Comp., § 45-5-27, enacted by Laws 1957, ch. 210, § 9; 1975, ch. 294, § 3; 2018, ch. 79, § 160; 2019, ch. 212, § 252.
Repeals. — Laws 2019, ch. 212, § 284(B) repealed Laws 2018, ch. 79, § 160 effective April 3, 2019. Laws 2018, ch. 79, § 160 would have become effective July 1, 2022.
The 2019 amendment, effective April 3, 2019, provided that notice of a referendum on the proposition of the creation of a watershed district shall be given as provided in the Local Election Act; after "shall be given as provided in", deleted "Section 73-20-8 NMSA 1978, except that, notice sent to absentee landowners shall also inform them of their right to request a ballot. Such notice shall state the date of holding the referendum, the hours of opening and closing the polls and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved. Ballots shall be sent to all absentee landowners upon request and they may vote by return ballot by first class mail" and added "the Local Election Act".
Legislative intent is that the board may, after the hearing and tentative decision to include additional lands, immediately conduct a referendum. Under these circumstances, a combined notice that complies with all the statutory provisions is sufficient for both the hearing and referendum. 1975 Op. Att'y Gen. No. 75-44.
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