A. Upon the hearing, if the court finds that no petition has been signed and presented in conformity with the Flood Control District Act or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in the proportion as it deems just and equitable.

B. Upon the hearing, if it appears that a valid petition for the organization of the district has been signed and presented in conformity with the requirements of the Flood Control District Act and that the allegations of the petition are true, the court shall order that the question of the organization of the district be submitted to the qualified electors of the proposed district at an election to be held for that purpose pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].

History: Laws 1981, ch. 377, § 8; 2019, ch. 212, § 240.

The 2019 amendment, effective April 3, 2019, required that an election on the question of the organization of a district be held pursuant to the Local Election Act; in Subsection B, after "held for that purpose.", deleted "The order shall designate one or more polling places within the district and for each polling place so designated shall appoint three qualified registered electors of the district as judges of the election and two qualified registered electors of the district as clerks of the election. The order shall also designate the clerk of the court or a qualified registered elector of the proposed district to receive applications for and to disburse and collect absentee ballots" and added "pursuant to the provisions of the Local Election Act".