2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 9 - Irrigation Districts
Section 73-9-5 - Irrigation district; notice; election; ballots.

The board of county commissioners shall thereupon cause notice embodying said orders in substance signed by the chairman and clerk of said board to be issued, given and published, giving public notice of said election, and time and places thereof and the matter submitted to the vote of the electors. Said notice and order shall be published once a week for at least three weeks immediately prior to the date fixed for such election in a newspaper of general circulation published in said county, and if any portion of such proposed district lies within any other county or counties, then such order and notice shall be published in a newspaper of general circulation published within each of said counties. At said election and all elections held under the provisions of this article, all owners of land within such district, who are qualified electors under the Election Code [Chapter 1 NMSA 1978] shall be qualified electors; provided, that if any farm or tract of land in such district is owned by more than one owner, only one person shall be permitted to vote at any election as the owner of such one farm or tract of land; and providing further that at such elections each otherwise qualified voter shall be entitled to cast, and have counted, as many votes as he shall have acres of land owned by him and situate within said district, but in no event shall such voter be entitled to cast, and have counted, more than one hundred votes. Insofar as applicable, the general election laws of the state, except requirements for registration and except as otherwise provided in this article, shall govern such elections. The ballots to be used and cast at such election for the formation of such district, shall have printed thereon the words: "Irrigation District - Yes," and "Irrigation District - No," or words equivalent thereto and also contain the names of the persons to be voted for as members of the board of directors of said district. Each elector may vote for three directors, one from each division, and shall indicate his vote by placing a marginal cross upon the ballot for or against any question submitted or name voted upon and opposite thereto, together with the figure or figures indicating the number of votes he is entitled to cast thereat.

History: Laws 1919, ch. 41, § 5; 1927, ch. 54, § 1; C.S. 1929, § 73-205; Laws 1935, ch. 36, § 1; 1941 Comp., § 77-2105; 1953 Comp., § 75-22-5; Laws 1973, ch. 138, § 31.

Cross references. — For Election Code, see Chapter 1 NMSA 1978.

For publication of notice, see 14-11-1 NMSA 1978 et seq.

Electors not public officers. — Requirement of certain qualifications for electors in irrigation districts does not violate N.M. Const., art. VII, § 1, as officers of irrigation districts are not "public officers" within the meaning of the constitutional provision. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.

Inequalities must be corrected by legislature, since the mode in which an election district is formed and operated under a general law is within the discretion of the legislature and, as a general rule, cannot be questioned by the courts. 1957 Op. Att'y Gen. No. 57-190.

Acreage noted regardless of whether benefited by irrigation. — Landowners within the boundaries of an irrigation district may vote such acreage as is allowable under this section, even though such acreage is not benefited by the irrigation works and the owner does not pay assessments on the acreage. 1957 Op. Att'y Gen. No. 57-190.

Residence not required of district officer. — One who owns land within irrigation district may be elected as a district officer even though he is not a resident of the district. 1946 Op. Att'y Gen. No. 46-4966.

Record ownership required to vote. — Since this section contemplates voting by bona fide owners only, the authorities who determine the qualifications of the electors within an irrigation district should permit only those owners of land to vote whose ownership is a matter of public record in the county clerk's office. 1952 Op. Att'y Gen. No. 52-5611.

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

94 C.J.S. Waters § 319.