A. At the time that a proposal to incur debt is first submitted to the qualified electors, the qualified electors of the authority shall elect five qualified directors, two to serve a term ending January 1, 2011, two to serve a term ending January 1, 2013 and one to serve a term ending January 1, 2015. At the first election, the five candidates receiving the highest number of votes shall be elected as directors. The terms of the directors shall be determined by lot at their organizational meeting.
B. Upon the exclusion of land pursuant to Subsection C of Section 72-20-6 NMSA 1978, the two directors elected in the 2010 general election shall be deemed to have resigned, and, notwithstanding the provisions of Section 72-20-12 NMSA 1978, their positions shall not be filled. Thereafter, the board shall consist of three directors. The board shall divide the authority into three single-member districts. The following provisions shall govern the procedure for converting to single-member districts:
(1) the districts shall be as contiguous, compact and as equal in population as is practicable;
(2) remaining terms for the three incumbent directors shall be chosen by lot so that one term expires on January 1, 2013, one term expires on January 1, 2015 and one term expires on January 1, 2017;
(3) if, as a result of the division of the authority into districts, two or more incumbent directors reside within the same district, the board shall determine, by lot, one of the directors to represent the district, and the other directors residing within that district shall represent the authority at large until their terms expire;
(4) if, as a result of the exclusion of land pursuant to Subsection C of Section 72-20-6 NMSA 1978, one or more incumbent directors reside outside of any district, the directors shall represent the authority at large until their terms expire; and
(5) if more than one director represents the authority at large pursuant to Paragraph (3) or (4) of this subsection, the board shall determine by lot the district that will elect a resident to succeed a director-at-large as the term of each director-at-large expires.
C. A director who is a qualified elector and a resident of the district shall be elected by the qualified electors who are residents of that district to serve a six-year term. Elections for directors shall be held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].
D. Nothing in this section shall be construed as preventing qualified electors of the authority from being elected or reelected as directors to succeed themselves; provided that they reside in the district from which they are elected.
E. As soon as feasible after each federal decennial census, the board shall assess the existing districts to determine if the districts remain as equal in population as is practicable and, if necessary, shall redistrict the authority into districts that remain contiguous, compact and as equal in population as is practicable; provided that:
(1) a redistricting shall be effective at the next following local election;
(2) an incumbent director whose residence is redistricted out of the district represented by the director shall serve until the next local election, at which a qualified elector who resides within the district shall be elected to fill the unexpired term; and
(3) the board shall notify the county clerk of the new district boundaries.
History: Laws 2007, ch. 99, § 10; 2011, ch. 100, § 4; 2018, ch. 79, § 135.
ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that elections for directors of the eastern Sandoval county arroyo flood control authority shall be held pursuant to the Local Election Act, required the board to notify the county clerk of new district boundaries after redistricting following each federal decennial census, and made technical and conforming changes; in Subsection A, deleted "or at the first general election following March 30, 2007, whichever occurs first"; in Subsection C, deleted "At the 2012 and each subsequent general election, for the single-member district in which the term of the incumbent director or the term of a director-at-large assigned by lot pursuant to Paragraph (2) of Subsection B of this section will expire on the first day of the January immediately following the election", and added "Elections for directors shall be held pursuant to the Local Election Act."; and in Subsection E, deleted "general" and added "local" preceding "election" throughout the subsection, and added Paragraph E(3).
The 2011 amendment, effective April 6, 2011, provided for the transition to a smaller board of directors and to single member districts, the division of the authority into three single-member districts, the election of directors from single-member districts, and the redistricting of the authority after each decennial census.