A. If the special report of the appraisers includes recommendations that land be included in the district, or that land be excluded from the district, the court shall by order, fix a place and time for hearing thereon, and thereupon the clerk of the said court shall cause notice by publication (Schedule Form V) [73-17-24 NMSA 1978] to be made of the filing of the said special report and of the time and place of the hearing thereon, as is provided for a hearing on the petition for the creation of a district.

B. As to the notice to be given owners of land to be excluded from the district, it will be sufficient to notify each owner of that fact by mail.

C. Upon such hearing the court shall make and enter such order with respect to lands to be included in or excluded from the district as the facts and provisions of this act require.

History: Laws 1927, ch. 45, § 404; C.S. 1929, § 30-404; 1941 Comp., § 77-2804; 1953 Comp., § 75-29-4.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The term "this act" refers to the Conservancy Act of New Mexico, enacted by Laws 1927, ch. 45, the provisions of which are presently compiled as 73-14-1 to 73-14-8, 73-14-16, 73-14-17, 73-14-33 to 73-14-48, 73-15-1 to 73-15-15, 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 and 73-17-1 to 73-17-24 NMSA 1978. See also notes to 73-14-1 NMSA 1978 and 73-18-1 NMSA 1978.

Cross references. — For notice of hearing on petition for creation of district, see 73-14-7 NMSA 1978.

For notice of hearing on appraisals, see 73-15-6 NMSA 1978 and notes thereto.

For short form of notice, see 73-17-19 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 60.

52A C.J.S. Levees and Flood Control § 17; 94 C.J.S. Waters § 319(3).