0001| HOUSE BILL 774
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JOE M STELL
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0005|
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0006|
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0007|
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0008| FOR THE INTEGRATED WATER AND RESOURCE PLANNING COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO SOIL AND WATER CONSERVATION; AMENDING SECTIONS OF
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0012| THE NMSA 1978 TO TRANSFER ADMINISTRATION OF THE SOIL AND WATER
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0013| CONSERVATION DISTRICT ACT TO THE NEW MEXICO DEPARTMENT OF
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0014| AGRICULTURE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 9-5A-3 NMSA 1978 (being Laws 1987,
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0018| Chapter 234, Section 3) is amended to read:
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0019| "9-5A-3. DEPARTMENT ESTABLISHED.--
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0020| A. There is created in the executive branch the
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0021| "energy, minerals and natural resources department". The
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0022| department shall be a cabinet department and shall include, but
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0023| not be limited to, the following organizational units:
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0024| (1) the administrative services division;
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0025| (2) the state park and recreation division;
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0001| (3) the forestry division [which shall
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include a soil and water conservation bureau];
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0003| (4) the energy conservation and management
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0004| division;
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0005| (5) the mining and minerals division; and
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0006| (6) the oil conservation division.
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0007| B. The state game commission is administratively
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0008| attached to the department."
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0009| Section 2. Section 9-5A-4 NMSA 1978 (being Laws 1987,
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0010| Chapter 234, Section 4) is amended to read:
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0011| "9-5A-4. DIVISIONS--DUTIES.--In addition to the duties
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0012| assigned to each division of the energy, minerals and natural
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0013| resources department by the secretary of energy, minerals and
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0014| natural resources:
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0015| A. the administrative services division shall
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0016| provide clerical, recordkeeping and administrative support to
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0017| the department in the areas of personnel, budget, procurement
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0018| and contracting;
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0019| B. the energy conservation and management division
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0020| shall plan, administer, review, provide technical assistance,
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0021| maintain records and monitor state and federal energy
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0022| conservation and alternative energy technology programs;
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0023| C. the forestry division shall enforce and
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0024| administer all laws and regulations relating to forestry [and
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soil and water conservation] on lands within the state;
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0001| D. the mining and minerals division shall enforce
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0002| and administer laws and regulations relating to mine safety,
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0003| coal surface mine reclamation and abandoned mine lands
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0004| reclamation;
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0005| E. the oil conservation division shall administer
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0006| the laws and regulations relating to oil, gas and geothermal
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0007| resources, except those laws specifically administered by
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0008| another authority; and
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0009| F. the state park and recreation division shall
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0010| develop, maintain, manage and supervise all state parks and
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0011| state-owned or state-leased recreation areas."
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0012| Section 3. Section 73-20-27 NMSA 1978 (being Laws 1965,
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0013| Chapter 137, Section 3, as amended) is amended to read:
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0014| "73-20-27. DEFINITIONS.--As used in the Soil and Water
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0015| Conservation District Act:
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0016| A. "district" means a soil and water conservation
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0017| district, which is a governmental subdivision of the state, a
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0018| public body corporate and politic, organized for the purposes,
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0019| granted the powers and subject to the restrictions of the Soil
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0020| and Water Conservation District Act;
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0021| B. "supervisor" means a member of the governing
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0022| body of a district;
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0023| C. "committee" or "commission" means the soil and
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0024| water conservation commission;
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0025| D. "agencies of the United States" includes the
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0001| [soil and] natural resources conservation service of the
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0002| United States department of agriculture;
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0003| E. "landowner" includes resident and nonresident
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0004| owners of natural resources as defined in the Soil and Water
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0005| Conservation District Act;
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0006| F. "due notice" means the publication of the
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0007| appropriate information in notice form in a newspaper or other
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0008| written medium of general circulation within the affected
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0009| geographical area at least twice with a period of ten or more
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0010| days intervening between the first and last publication. If a
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0011| newspaper of general circulation or other written medium of
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0012| general circulation does not service the affected geographical
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0013| area, due notice may be given by posting the appropriate
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0014| information in notice form in six conspicuous public places
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0015| where it is customary to post notices concerning county or
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0016| municipal affairs within the affected geographical area;
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0017| [G. "division" means the forestry division of the
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energy, minerals and natural resources department;]
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0019| G. "department" means the New Mexico department of
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0020| agriculture;
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0021| H. "director" means the director of the
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0022| department;
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0023| [H.] I. "natural resources" includes land,
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0024| except the oil and gas and other minerals underlying the land,
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0025| soil, water, vegetation, trees, natural beauty, scenery and
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0001| open space; human resources are included where appropriate; and
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0002| [I. "secretary" means the secretary of energy,
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minerals and natural resources]
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0004| J. "board" means the board of regents of New
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0005| Mexico state university."
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0006| Section 4. Section 73-20-31 NMSA 1978 (being Laws 1978,
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0007| Chapter 175, Section 1, as amended) is amended to read:
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0008| "73-20-31. POWERS AND DUTIES OF [SECRETARY AND SOIL AND
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WATER CONSERVATION COMMISSION] DEPARTMENT AND BOARD.--
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0010| A. The supervising officer of any state agency or
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0011| institution of learning shall, within the limitations of his
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0012| budget and the demands of his agency or institution, assign or
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0013| detail staff or personnel, render special reports and undertake
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0014| surveys or studies pertaining to soil and water conservation
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0015| for the [soil and water conservation bureau of the division
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and for the] commission and the department as requested.
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0017| B. The [secretary] department, with the advice
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0018| of the commission, shall:
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0019| (1) assist districts in the development of
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0020| district soil and water conservation programs and, from such
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0021| programs, develop a soil and water conservation program for the
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0022| state;
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0023| (2) provide information for district
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0024| supervisors concerning the experience and activities of all
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0025| districts and facilitate the exchange of experience and advice
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0001| among districts;
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0002| (3) promote cooperation among districts and,
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0003| by advice and consultation, assist in the coordination of
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0004| district programs;
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0005| (4) secure and maintain the cooperation and
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0006| assistance of state and federal agencies and seek to secure and
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0007| maintain the cooperation and assistance of national, state and
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0008| local organizations and groups interested or active in natural
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0009| resource conservation and development;
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0010| (5) disseminate information throughout the
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0011| state concerning district activities and programs; and
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0012| (6) encourage and, within budget limitations,
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0013| render aid and assistance to district activities and facilitate
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0014| and encourage the formation of new districts in areas where
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0015| district organization is desirable.
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0016| C. The commission may, on its own initiative,
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0017| furnish advice and recommendations to the [secretary]
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0018| department and the board concerning any matter that in its
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0019| opinion has a significant impact on or otherwise substantially
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0020| affects soil and water conservation."
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0021| Section 5. Section 73-20-32 NMSA 1978 (being Laws 1973,
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0022| Chapter 324, Section 4, as amended) is amended to read:
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0023| "73-20-32. ADDITIONAL DUTIES OF [DIVISION]
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0024| DEPARTMENT.--In addition to all other powers and duties of
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0025| the [division] department, it shall:
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0001| A. upon request and within budget limitations,
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0002| provide land-use planning assistance in the areas of terrain
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0003| management consisting of flood control, drainage, erosion and
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0004| measures required for adapting proposed development to existing
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0005| soil characteristics and topography; and
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0006| B. with the [approval] advice of the
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0007| commission, divide the state into six soil and water
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0008| conservation regions and assign each of the [presently]
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0009| currently created soil and water conservation districts or
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0010| those created in the future to one of the six geographical
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0011| regions. Division and assignment may be amended from time to
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0012| time with the [consent] advice of the commission as the
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0013| boundaries of the districts alter or other conditions warrant."
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0014| Section 6. Section 73-20-36 NMSA 1978 (being Laws 1978,
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0015| Chapter 85, Section 1) is amended to read:
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0016| "73-20-36. SOIL AND WATER CONSERVATION DISTRICTS--
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0017| MODIFICATION OF EXISTING DISTRICTS.--
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0018| A. Petitions for including additional land within
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0019| an existing organized district may be filed with the
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0020| [division] department and shall be treated in the same
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0021| manner as petitions for the creation of a proposed district.
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0022| If, however, such a petition is signed by two-thirds or more of
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0023| the owners of the additional land proposed to be included in
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0024| the district, the [commission] department may enter its
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0025| determinations without hearing or referendum. The commission
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0001| shall advise the department on all petitions filed pursuant to
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0002| this section.
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0003| B. Petitions for severing land from the defined
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0004| geographical area of an existing organized district, or for its
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0005| severance and inclusion within another existing organized
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0006| district, may be filed with the [division] department and
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0007| may be treated in the same manner as petitions for the creation
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0008| of a proposed district. If, however, [such] the petition
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0009| is signed by two-thirds or more of the owners of the land to be
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0010| severed or is submitted by the boards of supervisors of each
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0011| district affected, the [commission] department may enter
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0012| its determinations without hearing or referendum.
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0013| C. Petitions for consolidating two or more
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0014| districts or for separating an existing district into two or
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0015| more districts may be filed with the [division] department
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0016| by the boards of supervisors of each district affected. After
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0017| due notice, a public hearing shall be held in each district
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0018| affected, and no action can be taken without the majority
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0019| approval of the voters present at the hearing. If petitions
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0020| have been filed pursuant to this subsection and approved as
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0021| [herein] provided in the Soil and Water Conservation
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0022| District Act, it shall not be necessary to obtain the consent
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0023| of the landowners within the districts prior to the
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0024| consolidation or division.
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0025| D. The [commission] department shall give
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0001| written notice to the secretary of state of any modification in
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0002| the defined geographical area of any existing organized
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0003| district; the notice of modification shall describe and portray
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0004| by map the modified geographical area. The secretary of state
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0005| shall note, file and record each modification and shall issue,
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0006| under state seal, a certificate of reorganization to each
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0007| district affected. Certificates of reorganization shall have
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0008| the same force and effect, and shall be accorded the same
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0009| dignity, as the certificates they supersede.
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0010| E. In the event a supervisor of a district is
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0011| disqualified from holding office by the modification of his
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0012| district, he shall be deemed to have resigned, and his
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0013| successor shall be appointed to serve the unexpired term by the
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0014| remaining supervisors of the district. In the event two or
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0015| more supervisors are disqualified from holding office by the
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0016| modification of a district, their successors shall be appointed
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0017| to serve the unexpired terms by the [commission] board."
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0018| Section 7. Section 73-20-37 NMSA 1978 (being Laws 1965,
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0019| Chapter 137, Section 11, as amended) is amended to read:
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0020| "73-20-37. DISTRICT SUPERVISORS--ELECTION AND
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0021| APPOINTMENT--NEW DISTRICTS.--
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0022| A. The governing body of each district shall be
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0023| composed of five supervisors [four of whom] who shall be
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0024| elected [one from each zone]; provided, however, two
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0025| additional supervisors may be appointed to the governing body
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0001| of each district by the [commission] board in accordance
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0002| with the provisions of the Soil and Water Conservation District
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0003| Act. The four elected supervisors of each district shall be
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0004| land owners within the defined geographical area of their
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0005| district. One elected supervisor shall be designated
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0006| supervisor-at-large and may serve the district without
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0007| qualification. A supervisor shall serve a term of three years
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0008| and shall continue in office until his successor has been
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0009| elected or appointed and has qualified. A vacant unexpired
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0010| term of the office of supervisor shall be filled by [the]
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0011| appointment [of] by the remaining supervisors of the
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0012| district. Two or more vacant unexpired terms of the offices of
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0013| supervisor, occurring simultaneously in the same district,
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0014| shall be filled by appointment [of] by the [commission.
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Four elected supervisors of each district shall be owners of
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land within the defined geographical area of their district.
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One elected supervisor shall be designated supervisor-at-large
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and may serve the district without qualification.] board.
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0019| B. Unless a different time is prescribed by the
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0020| [commission] board, within thirty days following the
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0021| issuance of a certificate [or] of organization to the two
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0022| interim supervisors of a district, nominating petitions
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0023| proposing candidates for supervisors of the district may be
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0024| filed with the [division] department. Nominating petitions
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0025| shall be signed by [not less] no fewer than ten owners of
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0001| land situate within the district; landowners shall not be
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0002| restricted in the number of nominating petitions [which] they
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0003| may subscribe. The [commission] department shall give due
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0004| notice of election for the offices of five district
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0005| supervisors. All owners of land situate within the district
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0006| shall be eligible to vote. The [commission] board, with the
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0007| advice of the commission, shall adopt and prescribe
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0008| regulations governing the conduct of the election, shall
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0009| determine voter eligibility and supervise the election [shall
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bear the expenses of election] and shall publish its results.
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0011| The districts shall bear the expenses of elections.
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0012| C. In the first election of supervisors to serve a
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0013| newly organized district, two supervisors shall be elected for
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0014| terms of one year; two supervisors shall be elected for terms
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0015| of two years; and the supervisor-at-large shall be elected for
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0016| a term of three years. Thereafter, each elected supervisor
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0017| shall serve a term of three years.
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0018| D. Appointed interim supervisors may continue to
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0019| serve as appointed supervisors at the pleasure of the
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0020| [commission] board or until their successors are otherwise
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0021| appointed."
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0022| Section 8. Section 73-20-38 NMSA 1978 (being Laws 1965,
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0023| Chapter 137, Section 12, as amended) is amended to read:
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0024| "73-20-38. DISTRICT SUPERVISORS--ELECTION AND
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0025| APPOINTMENT--ORGANIZED DISTRICTS.--
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0001| A. Successors to supervisors of organized districts
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0002| whose terms end in a calendar year shall be elected during the
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0003| period September 1 to [November 1] December 15 of that
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0004| year. Election dates shall be determined by the supervisors of
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0005| the district and may concur with the time of annual meeting of
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0006| district landowners. Elections shall be called, conducted and
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0007| returned in the same manner as the first election of
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0008| supervisors of a newly organized district; provided, however,
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0009| that the powers conferred upon the [commission] board in
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0010| conducting the first election of supervisors in a newly
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0011| organized district shall apply to and be exercised by the
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0012| supervisors of the organized district.
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0013| B. In a district election held during an annual
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0014| meeting of district landowners, the nomination of a supervisor
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0015| candidate may be made from the floor of the meeting as well as
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0016| by nominating petition. The district supervisors shall
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0017| determine the results of a district election, shall certify and
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0018| publish the results and shall give the [commission]
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0019| department notice of their canvass within seven days.
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0020| C. In the first annual election of supervisors to
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0021| serve an extant organized district, following the enactment of
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0022| the Soil and Water Conservation District Act, two supervisors
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0023| shall be elected for terms of one year, two supervisors shall
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0024| be elected for terms of two years and the supervisor-at-large
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0025| shall be elected for a term of three years. Thereafter, each
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0001| elected supervisor shall serve a term of three years.
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0002| D. Regulations promulgated by the [soil and water
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conservation] board, with the advice of the commission, and
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0004| the election provisions of the Soil and Water Conservation
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0005| District Act shall be exclusive in the conduct of district
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0006| elections. The [soil and water conservation commission
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shall] board may promulgate rules and regulations [under
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the provisions of the Administrative Procedures Act] to carry
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0009| out the provisions of the Soil and Water Conservation District
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0010| Act.
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0011| E. Within forty days after an annual district
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0012| election, the district supervisors shall submit to the
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0013| [division] department a list of five names of persons
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0014| interested in the district and who by experience or training
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0015| are qualified to serve as supervisors. The board, with the
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0016| advice of the commission, may appoint two persons from the
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0017| list submitted to serve as district supervisors if it is the
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0018| determination of the [commission] board that the
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0019| appointments are necessary or desirable and would benefit or
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0020| facilitate the work and functions of the district. In the
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0021| event a list is not submitted to the [division] department
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0022| by the district supervisors within forty days after an annual
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0023| district election, the board, with the advice of the
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0024| commission, may appoint at will two district supervisors
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0025| qualified to serve by training or experience. Appointed
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0001| district supervisors shall serve at the pleasure of the
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0002| [commission] board and shall have the same powers and
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0003| perform the same duties as elected supervisors. Successors to
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0004| appointed supervisors, or replacement-appointed supervisors in
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0005| the event of vacancy, shall be appointed by the board, with
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0006| the advice of the commission, from a list of candidates or at
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0007| will in accordance with the provisions of this subsection."
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0008| Section 9. Section 73-20-41 NMSA 1978 (being Laws 1965,
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0009| Chapter 137, Section 15, as amended) is amended to read:
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0010| "73-20-41. POWERS AND DUTIES OF DISTRICT SUPERVISORS.--
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0011| A. District supervisors may employ a secretary and
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0012| such other agents, employees and technical or professional
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0013| experts as they may from time to time require, and may
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0014| determine qualifications, compensation and duties applicable to
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0015| any agent, employee or expert engaged. District supervisors
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0016| shall require and provide for the execution of a corporate
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0017| surety bond in suitable penal sum for and to cover any person
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0018| entrusted with the care or disposition of district funds or
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0019| property. District supervisors may delegate their powers to
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0020| one or more district supervisors or to one or more district
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0021| employees, agents or experts.
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0022| B. District supervisors may call upon the district
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0023| attorney of the judicial district within which all or a part of
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0024| the district lands may be situate for legal services required
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0025| by the district. District supervisors may invite the
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0001| legislative body of any municipality or county situate within,
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0002| near or comprising a part of the district to designate a
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0003| representative to advise and consult with the supervisors on
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0004| matters affecting property, water distribution or other matters
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0005| of interest to the municipality or county.
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0006| C. District supervisors are authorized to adopt and
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0007| promulgate rules and regulations necessary for the proper
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0008| execution of district duties and activities. The supervisors
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0009| shall:
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0010| (1) keep a full and accurate record of all
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0011| district proceedings and of all resolutions, regulations and
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0012| orders issued or adopted;
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0013| (2) provide for and submit to an annual audit of
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0014| district accounts or receipts and disbursements, in the event
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0015| district receipts total more than five thousand dollars
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0016| ($5,000) annually;
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0017| (3) furnish to the [division] department a
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0018| complete report of district proceedings and activities during
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0019| each fiscal year, including a financial report;
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0020| (4) furnish or make available to the
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0021| [division] department upon request, district files and
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0022| copies of rules, regulations, orders, contracts, forms and
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0023| other documents adopted or employed in conducting district
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0024| activities; and
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0025| (5) call and give due notice of an annual
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0001| meeting of the owners of land situate within the district to be
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0002| held on a designated date within the period September 1 to
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0003| [November 1] December 15."
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0004| Section 10. Section 73-20-49 NMSA 1978 (being Laws 1965,
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0005| Chapter 137, Section 23, as amended) is amended to read:
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0006| "73-20-49. DISSOLUTION OF DISTRICTS.--
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0007| A. At any time five years after the organization of a
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0008| district, any twenty-five [owners of land] landowners,
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0009| situate within the district, may subscribe and file a petition
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0010| with the [division] department for the dissolution of the
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0011| district. To assist it in its determinations, the commission
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0012| may hold public hearings upon the petition. Within sixty days
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0013| of its receipt of the petition, the [commission] department
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0014| shall give due notice of referendum to adopt and approve the
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0015| petition of dissolution. The referendum shall be conducted
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0016| with appropriate ballot and in substantially the same manner as
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0017| a referendum adopting and approving the creation of a proposed
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0018| district.
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0019| B. The [division] department shall publish the
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0020| results of the referendum and, if a majority of the votes cast
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0021| at the referendum [adopt] adopts the petition and
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0022| [approve] approves the dissolution of the district, the
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0023| [commission] department shall then determine whether the
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0024| continued operation of the district within its defined
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0025| geographical area is administratively practicable. In making
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0001| its determination, the [commission] department shall
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0002| consider:
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0003| (1) the attitude of the [owners of lands]
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0004| landowners lying within the district;
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0005| (2) the ratio of votes cast at the referendum to
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0006| the number of eligible voters;
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0007| (3) the proportion of the total number of votes
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0008| cast at the referendum to the number of votes cast in favor of
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0009| the dissolution of the district;
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0010| (4) the approximate wealth and income of the
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0011| landowners of the district; and
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0012| (5) the probable expense of carrying on natural
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0013| resource conservation and development within the district.
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0014| C. In the event the [commission shall determine]
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0015| department determines that the continued operation of the
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0016| district is not administratively practicable, it shall enter
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0017| and record its determination and shall certify its
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0018| determination to the [district's] district supervisors.
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0019| Upon receipt of the [commission's] department's
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0020| certification, the [district's] district supervisors shall
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0021| terminate the affairs of the district; shall dispose of all
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0022| district property at public auction; or by transfer to the
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0023| [commission] board or to another district; and shall
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0024| certify and deliver up the proceeds of any sale to be paid over
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0025| to the [commission] board. The district supervisors shall
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0001| file a verified application for the dissolution of the district
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0002| with the secretary of state; the application shall be supported
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0003| by a copy of the certificate of the [commission] department
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0004| setting forth its determination that continued operation of the
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0005| district is not administratively practicable and by a verified
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0006| accounting of the disposition of district property and the
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0007| proceeds [therefrom] from it. Upon receipt of a proper
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0008| application, the secretary of state shall issue to the district
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0009| supervisors a certificate of dissolution and shall record the
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0010| certificate in an appropriate book of record in his office.
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0011| D. Upon the issuance of a certificate of dissolution
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0012| by the secretary of state, the district shall dissolve and
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0013| cease to exist, and all regulatory acts of the district
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0014| supervisors shall have no further force or effect. The
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0015| [commission] board shall be automatically substituted for
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0016| the district as a party to all executory contracts and shall be
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0017| entitled to enforce all rights and obligated to perform all
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0018| duties thereunder to the same effect and in the same manner as
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0019| the district.
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0020| E. Petitions for the dissolution of a district may
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0021| not be accepted and shall not be considered by the
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0022| [commission] department more often than once in any five-
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0023| year period."
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0024| Section 11. TEMPORARY PROVISION--TRANSFER.--On July 1,
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0025| 1997, the soil and water conservation bureau of the forestry
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0001| division of the energy, minerals and natural resources
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0002| department is abolished. On that date, all functions,
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0003| appropriations, money, equipment and records belonging to the
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0004| bureau are transferred to the board of regents of New Mexico
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0005| state university. On July 1, 1997, all existing rules and
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0006| regulations, contracts and agreements in effect for the bureau
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0007| shall be binding on the board of regents of New Mexico state
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0008| university.
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0009| Section 12. EFFECTIVE DATE.--The effective date of the
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0010| provisions of this act is July 1, 1997.
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0011| State of New Mexico
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0012| House of Representatives
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 1, 1997
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0019|
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0020|
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0021| Mr. Speaker:
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0022|
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0023| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0024| to whom has been referred
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0025|
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0001| HOUSE BILL 774
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, and thence referred to the
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0005| APPROPRIATIONS AND FINANCE COMMITTEE.
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0006|
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| G. X. McSherry, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019| (Chief Clerk)
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0020| (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 6 For 0 Against
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0025| Yes: 6
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0001| Excused: Johnson, Porter, Townsend
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0002| Absent: None
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0003|
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0004|
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0005| G:\BILLTEXT\BILLW_97\H0774 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| March 8, 1997
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0018| whom has been referred
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0019|
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0020| HOUSE BILL 774
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS.
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0024|
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006|
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0007|
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0008| Max Coll, Chairman
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0009|
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0010|
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0011| Adopted Not Adopted
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0012| (Chief Clerk)
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0013| (Chief Clerk)
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0014|
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0015| Date
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0016|
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0017| The roll call vote was 12 For 2 Against
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0018| Yes: 12
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0019| No: Coll, Varela
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0020| Excused: Buffett, Marquardt, Watchman
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0021| Absent: None
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H0774
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| March 17, 1997
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0006|
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0007| Mr. President:
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0008|
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0009| Your CONSERVATION COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 774
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| __________________________________
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0022| Michael S. Sanchez, Chairman
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0023|
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0024|
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0025|
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0001| Adopted_______________________ Not
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0002| Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010| The roll call vote was 5 For 1 Against
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0011| Yes: 5
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0012| No: Tsosie
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0013| Excused: Eisenstadt, Griego, Lyons, Macias
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0014| Absent: None
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0015|
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0016|
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0017| H0774C01
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