If after the hearing provided in the last preceding sections said board of directors deem it not for the best interest of the district that the lands mentioned in the petition or resolution, or any portion thereof, should be excluded from said district, they shall order that said petition be denied or that said resolution be repealed and abrogated, but if they deem it for the best interest of the district that the lands mentioned in the petition or in the resolution, or some portion thereof, be excluded from the district, then the board may order the lands mentioned in the petition or resolution or some defined portion therefor [thereof] to be excluded from the district; provided that if, within ten days from the making of such order, three-fourths of the qualified electors of the district protest in writing, to said board, against the exclusion of said lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom; provided, further, that the exclusion of any lands which are now or may hereafter be included in any such irrigation district shall not be held to relieve any lands excluded from liability to assessment and levy for the purpose of paying and retiring any outstanding bonds and interest coupons which have theretofore been issued, but said lands shall, upon following the procedure provided in the foregoing Sections 73-9-46, 73-9-47, 73-9-48, 73-9-49 and 73-9-51 NMSA 1978, as hereby amended be thereafter wholly excluded from said district for all other purposes.
History: Laws 1919, ch. 41, § 44; C.S. 1929, § 73-244; Laws 1934 (S.S.), ch. 8, § 12; 1935, ch. 36, § 7; 1941 Comp., § 77-2148; 1953 Comp., § 75-22-48.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319.
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