2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 20 - Soil and Water and Watershed Conservation Districts
Section 73-20-38 - District supervisors; election and appointment; organized districts.

A. Successors to supervisors whose terms end in a calendar year shall be elected pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Elections shall be called, conducted and canvassed in accordance with the Local Election Act.

B. By June 15 of each year, the district supervisors may submit to the commission a list of persons interested in the district and who by experience or training are qualified to serve as supervisors. The commission may appoint from the list submitted two persons to serve as supervisors if it is the determination of the commission that the appointments are necessary or desirable and would benefit or facilitate the work and functions of the district. In the event a list is not submitted to the commission by the supervisors by June 15, the commission may appoint two supervisors qualified to serve by training or experience. Appointed supervisors shall serve a term of one year and shall have the same powers and perform the same duties as elected supervisors. Successors to appointed supervisors, or replacement-appointed supervisors in the event of vacancy, shall be appointed by the commission from a list of candidates in accordance with the provisions of this subsection.

History: 1953 Comp., § 45-5-53, enacted by Laws 1965, ch. 137, § 12; 1973, ch. 324, § 7; 1977, ch. 254, § 68; 1997, ch. 137, § 8; 2003, ch. 88, § 11; 2005, ch. 141, § 2; 2018, ch. 79, § 168.

The 2018 amendment, effective July 1, 2018, provided that successors to supervisors of soil and water conservation districts shall be elected pursuant to the Local Election Act and elections shall be called, conducted and canvassed in accordance with the Local Election Act; in Subsection A, after "shall be elected", deleted "on the first Tuesday in May of that year" and added "pursuant to the Local Election Act", and after "conducted and", deleted "returned" and added "canvassed", and after "in accordance with", deleted "rules adopted and prescribed by the commission" and added "the Local Election Act."; deleted former Subsections B and C and redesignated former Subsection D as Subsection B; and in Subsection B, after "supervisors shall serve", deleted "at the pleasure of the commission" and added "a term of one year".

The 2005 amendment, effective July 1, 2005, changed the date of election of supervisors from February to May in Subsection A.

The 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.

The 1997 amendment, effective July 1, 1997, in Subsection A, substituted "December 15" for "November 1" in the first sentence and "board" for "commission" in the last sentence; in Subsection B, substituted "department" for "commission" in the second sentence; in Subsection D, substituted "by the board, with the advice of the commission" for "by the soil and water conservation commission" in the first sentence and rewrote the second sentence; and, in Subsection E, substituted "department" for "division" in two places and "board" for "commission" in two places and inserted "board, with the advice of the" in three places.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 320.