2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 9 - Irrigation Districts
Section 73-9-3 - [Petition to establish irrigation district; contents; signatures; filing; cost bond; publication of petition and notice; "resident freeholder" defined; agency.]

For the purpose of the establishment of an irrigation district as provided by this act, a petition shall be filed with the board of county commissioners of the county which embraces the largest acreage of the proposed district praying that said board define and establish the boundaries of said proposed district and submit the question of the final organization of the same to the vote of the qualified electors resident therein. Said petition shall state that it is the purpose of the petitioners to organize an irrigation district under the provisions of this act and shall also contain a general description of the boundaries of such proposed district, the means proposed to supply water for the irrigation of the lands embraced therein, the name proposed for such district, and the name proposed need not use the words "irrigation district" but may use the words "water district" or "conservancy district," or other suitable designation, and such petition shall also contain the names of three of said petitioners selected as a committee to present such petition to the board of county commissioners. Said petition shall be signed by a majority of the resident freeholders within said proposed district, and who shall also be the owners in the aggregate of a majority of the whole number of acres of land within the said proposed district. The said petition shall also be accompanied by a good and sufficient bond, to be approved by said board of county commissioners in double the amount of the probable cost of organizing such district, conditioned for the payment of all costs incurred in said proceeding in case said organization shall not be effected, but in case such organization is so effected, then said expenses incurred by the board of county commissioners shall be paid back to said county by said district. Such petition shall be published both in English and Spanish for at least two weeks before the time at which the same is to be presented, in some newspaper of general circulation published in the county where said petition is to be presented, together with a notice signed by the committee of said petitioners selected by the petition for that purpose stating the time and place of presentation of the same to said board of county commissioners. The last publication shall be made not less than five days prior to the time fixed by said notice for presenting said petition.

For the purpose of this act the term "resident freeholder" shall be construed to mean any citizen of the United States who owns lands within the district or the evidence of title to said land, or who is an entryman under the public land laws of the United States or a purchaser under contract for purchase of state lands, and shall also include corporations, associations and copartnerships owning land within the district. The president or vice president of such corporation or association, or any member of such copartnership, if a citizen of the United States, may represent such corporation, association or copartnership respectively in signing such petition or any other petition or protest provided for in this act.

History: Laws 1919, ch. 41, § 3; 1927, ch. 148, § 1; C.S. 1929, § 73-203; 1941 Comp., § 77-2103; 1953 Comp., § 75-22-3.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9 6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.

Cross references. — As to notice by publication, see 14-11-1 NMSA 1978 et seq.

Majority owning more than one-half land of district required. — Where it appears that the outer boundaries of a district include some 20,000 acres of land, of which 10,627 acres are irrigable, and petition is signed by owners of 7,600 acres of irrigable land within said outside boundaries, and upon examination of the tabulated statement attached to the petition as to the ownership of lands, from which said irrigable lands are taken, it appears that more than 10,000 acres are owned by those particular landowners, and that this includes not only a majority of the land included within the outside boundaries, but also of irrigable land, the petition is a sufficient compliance with this section. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.

Authorized person may represent landowners. — This section is permissive, and does not exclude any authorized person from representing landowners. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.

Due process not denied by limiting petitioners to resident freeholders. — The fact that only resident freeholders may sign the initiatory petition for creating an irrigation district under this section does not deprive an owner of property without due process of law. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 58 to 61.

Discrimination between property within and that outside municipality or other governmental district as to rates, 4 A.L.R.2d 595.

94 C.J.S. Waters § 319.