Section 73-20-34 - Soil and water conservation districts; creation; referendum. - New Mexico Statutes

73-20-34. Soil and water conservation districts; creation; referendum.

A.     When a final determination of the commission that a proposed district is necessary and desirable has been entered and recorded, the commission shall then determine whether the operation of the district is administratively practicable.  To assist in this determination, the commission shall call for a referendum on the proposed district within the geographical boundaries of the district as defined by the commission, to be conducted on the next succeeding first Tuesday in May, if practicable.  All registered voters residing within the proposed district shall be eligible to vote.

B.     The commission shall:

(1)     provide for due notice of a referendum within a proposed district;

(2)     confirm eligibility of registered voters; and

(3)     adopt and publish rules to govern the orderly conduct of a referendum.

C.     A referendum may not be held during an interval when valid rules adopted and published by the commission are not in effect.

D.     The proposal shall be presented to the voters on ballots that define, in general terms and by legal description, the area encompassed within the proposed district.

E.     Informalities or irregularities in the conduct of a referendum shall have no effect upon its result if due notice requirements have been substantially complied with and balloting has been fairly conducted in substantial compliance with the rules adopted and published by the commission.

F.     The commission shall publish referendum results and make a final determination of whether the proposed district is administratively practicable; provided, however, in the event that approval of the proposed district is not carried by a majority of votes cast in a referendum, the commission shall deny the petition and shall enter and record its order.