N.M. Stat. § 73-9-4
[Proceedings by county commissioners on receiving
petition; boundaries; applications for inclusions and exclusions;
adjournments; approval; election; denial of petition; mandamus;
management by board of directors.]
When such petition is presented and it shall appear that the notice of presentation of
said petition has been given as required by law, and that said petition has been signed
by the requisite number of petitioners as required by this act, the commissioners shall
then proceed to define the boundaries of said proposed district from said petition and
from such applications for the exclusion of lands therefrom and the inclusion of lands
therein as may be made in accordance with the intent of this act. They may adjourn
such examination from time to time not exceeding three weeks in all and shall by final
order duly entered upon their records define and establish the boundaries of such
proposed district; provided, that the said board shall not modify such proposed
boundaries described in the petition so as to change the objects of said petition or so as
to exempt from the operation of this act any land within the boundaries proposed by the
petition susceptible to irrigation by the same system of irrigation works applicable to
other lands in such proposed district; nor shall any land which will not in the judgment of
the board be benefited by such proposed system be included in such district if the
owner thereof shall make application at such hearing to withdraw the same; provided,
also, that contiguous lands not included in said proposed district as described in the
petition may upon application of the owner or owners be included in such district upon
such hearing, if it shall be determined by said board that the water supply for such
additional lands is available and that in other respects it is feasible for the lands of such
applicant to be included within such district.
When the boundaries of any proposed district shall have been examined and
defined as aforesaid the commissioners shall forthwith make an order allowing the
prayer of said petition, defining and establishing the boundaries and designating the
name of such proposed district. Thereupon the said commissioners shall by further
order duly entered upon their records call an election of the qualified electors of said
district to be held for the purpose of determining whether such district shall be organized
under the provisions of this act, and by such order shall submit the names of one or
more persons from each of the three divisions of said district as hereinafter provided to
be voted for as directors therein, and for the purpose of said election shall divide said
district into three divisions as nearly equal in size as may be practicable to be numbered
respectively 1, 2 and 3, and shall provide that a qualified elector of each of said three
divisions shall be elected as a member of the board of directors of said district by the
qualified electors of the whole district. Each of said divisions shall constitute an election
precinct and the commissioners shall appoint three judges for each of such precincts,
one of whom shall act as clerk of said election; provided, that in the hearing of any such
petition the board of county commissioners shall disregard any informality therein, and
in case they deny the same or dismiss it for any reason on account of the provisions of
this act not having been complied with, which is the only reason upon which they shall
have a right to refuse to [or] dismiss the same, they shall state their reason in writing
therefor in detail, which shall be entered upon their records; and in case such reason is
not well founded, a writ of mandamus shall, upon proper application therefor, be issued
out of the district court of said county, compelling them to act in compliance with this
act, which writ shall be heard within twenty days from the date of its issuance. The
affairs of such district shall be managed by a board of three directors.