§ 73-8-4 — [Hearings; boundaries; election divisions; mandamus.]

Upon the hearing had by the board of county commissioners upon such petition pursuant to the publication of notice thereof as aforesaid, if it shall appear to the board that notice of hearing upon such petition has been published as herein required, that the petition has been signed by the requisite number of petitioners owning the prescribed acreage of lands within the district as designated by this act [73-8-1 to 73-8-60 NMSA 1978], the commissioners shall then proceed to fix, establish and define the boundaries of the proposed drainage district. The board may adjourn such hearing from time to time, not exceeding three weeks in all, and shall by final order duly entered fix, establish and define the boundaries of such proposed drainage district as finally determined: provided, the board shall not modify the boundaries proposed in the petition so as to change the objects of such petition, or so as to exempt from the operation of this act any land within the proposed boundaries susceptible of being drained by the same system of drainage applicable to other lands in such proposed drainage district; nor shall any land which will not in the judgment of the board be benefited by such proposed drainage system, be included in such drainage district if the owner thereof shall make application at such hearing for the exemption of such land; and provided, further, that contiguous lands not included in the proposed drainage district as described in the petition may, upon application by the owner or owners thereof, be included in such district upon such hearing. When the boundaries of any such proposed drainage district shall have been determined as aforesaid the board of county commissioners shall forthwith make and enter an order allowing the prayer of the petition, fixing, establishing and defining the boundaries of the proposed district as aforesaid, and designating the name of such proposed district; such order shall call an election of the qualified electors of said proposed district to be held for the purpose of determining whether such proposed district shall be organized under the provisions of this act and in such order shall submit the names of one or more persons from each of the divisions of said proposed district as hereinafter provided, to be voted for as directors therein; and for the purpose of such election shall divide said proposed district into divisions, in number as hereinafter designated, as nearly equal in size as may be practicable, and shall provide that one qualified elector resident within each of said divisions shall be elected as a member of the board of directors of said proposed district by the qualified electors of the whole district. Each of such divisions shall constitute an election precinct and three judges shall be appointed for each of such precincts, one of whom shall act as clerk of said election. At the first election herein provided for such judges shall be appointed by the board of county commissioners and for all succeeding elections provided for under this act such judges shall be appointed by the board of directors of said district. All such judges shall be qualified electors under the provisions of this act. Provided, that upon the hearing of the aforesaid petition the board of county commissioners shall disregard any informality therein, and in case they deny same or dismiss it because of noncompliance with any of the provisions of this act, which shall be the only reasons authorizing such refusal or dismissal, the board shall state in writing and in detail the reasons for such action, which shall be entered in full upon the minutes of the board; and in case such reasons are not well founded a writ of mandamus shall, upon proper application, issue out of the district court of the county where such petition is presented compelling the board to act in compliance with this act. Such writ shall be heard within not less than five nor more than twenty days from the date of its issuance.

Legislative History

Laws 1917, ch. 22, § 4; C.S. 1929, § 40-204; 1941 Comp., § 77-2004; 1953