Section 73-1-25 - Petition to include underground waters; filing objections; hearing; amended decree. - New Mexico Statutes

73-1-25. [Petition to include underground waters; filing objections; hearing; amended decree.]

Where underground waters, other than artesian waters, as provided for in Section 1 [73-1-24 NMSA 1978] hereof, are to be included in any artesian conservancy district which may hereafter be formed, the petition required to be filed and all notices required to be given and published, as provided by law in connection with the formation of such district, shall specifically state that such waters are to be included in the district, and that the district shall have the same power, right and authority with respect thereto as may be given to it by law over artesian waters.   

Where any conservancy district has heretofore been formed, and the board of directors of such district shall determine by resolution that it is desirable that underground waters, other than artesian waters, shall be included in and subject to, the district, such conservancy district may file a petition in the district court of the county wherein said district was originally formed in the same proceeding, praying that the decree providing for the formation of said district be amended so as to include such waters; provided, however, the petition shall be accompanied by a certificate of the state engineer, describing with reasonable accuracy the boundaries of all underground waters, except artesian waters, within the boundaries of the conservancy district which are subject to appropriation by law, and which, in the opinion of the state engineer, should be included in the district, and certifying that to the best of his knowledge and belief such waters, or a substantial portion thereof, are derived from the artesian basin, or basins, included in such district, and that the same are so closely related to such artesian waters that they can be most effectively conserved by said district. Upon the filing of such petition, the district court having jurisdiction shall, by order, require notice to be published by the clerk of the court, at such time and places as the court may designate, giving notice to all underground water users affected by the proposed change that a hearing will be had at a time and place designated in such notice, for the purpose of determining whether or not all of the underground waters described in the certificate of the state engineer filed with the said petition should be included in the artesian conservancy district, and the decree establishing the district amended accordingly. It shall not be necessary for the clerk to name the parties interested, nor to describe the separate lots, tracts or parcels of land affected in giving such notice, but it shall be sufficient to give such descriptions of the boundaries of the underground waters proposed to be included as will enable the owner to determine whether or not his rights will be affected. The notice shall state that any person affected by the proposed inclusion of such waters shall have the right to file objections thereto, on or before the date set for hearing. If, after hearing such objections, if any, and considering any evidence introduced in support thereof, the court finds that it is reasonably certain that a substantial portion of said waters are derived from the artesian basin, or basins, included in such district, and that the same are so closely related to such artesian waters that they can be effectively conserved by said district, the court shall enter an order amending said decree, as prayed for in said petition, and thereupon said waters shall be subject to the same rights, powers and authority as given by law to such conservancy district over artesian waters.