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

§ 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

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.