Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Sen. Woods/Rep. Pettigrew
LAST UPDATED
ORIGINAL DATE 2
/7/2025
SHORT TITLE Game Commission Land Acquisitions
BILL
NUMBER Senate Bill 114
ANALYST Gaussoin
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
DGF
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring
Other state
funds
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to Senate Bill 5.
Sources of Information
LFC Files
Agency Analysis Received From
New Mexico Acequia Association New Mexico Attorney General (NMAG) Department of Game and Fish (DGF) Agency Analysis was Solicited but Not Received From
Department of Finance and Administration (DFA)
SUMMARY
Synopsis of Senate Bill 114
Senate Bill 114 (SB114) would require the State Game Commission to, before purchasing land
or water rights, obtain the written approval of an acequia association, land grant, and county
commission in which the property or water rights are sought, compile a report on the social,
cultural, and economic impacts of the purchase, and obtain legislative approval.
The bill would also require the commission to report to the Legislature no later than October 1 of
each year on all land and water rights expenditures and the results of any impact report, and
recommendations for legislative approval of future purchases.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
Senate Bill 114 – Page 2
FISCAL IMPLICATIONS
The requirements of the bill represent additional workload for the Department of Game and Fish
(DGF), but the costs likely could be absorbed within the department’s existing budget. The
department did not provide a cost estimate.
SIGNIFICANT ISSUES
DGF raises concerns about the amount of power the bill would grant to a single entity, noting a
single land grant or acequia association could stop an acquisition approved the Legislature,
prevent a land or water right donation to the department, or limit opportunities for a private
owner to sell.
The New Mexico Acequia Association reports acequias and community ditches—political
subdivisions of the state—often do not have the resources to investigate and possibly oppose
land and water rights acquisitions that could negatively affect their communities, operations, and
resources:
Historically, acequia and community ditches have been negatively impacted by
conservation projects, such as fish hatcheries, in the acquisition of water rights. Requiring
the State Game Commission to obtain written approval by an acequia and community
ditch prior to acquiring water rights or land would provide a community-based approval
process and opportunity for input that is needed when considering the welfare of rural
communities.
Subsequently, the inability to oppose purchases perceived to be adverse hinders the ability of an
acequia or community ditch to “foster positive rural development.”
The Office of Attorney General (NMAG) notes legislative approval for every acquisition is a
“departure from many other acquisition requirements either set out in the New Mexico
Procurement Code or other statutory schemes.” For example, NMAG points out, the State Board
of Finance approves the transfer of capital outlay fund. NMAG suggests the board, which meets
monthly and has experience and rules guiding the review of property acquisitions, might be a
more appropriate body for approving Game Commission land and water rights acquisition.
ADMINISTRATIVE IMPLICATIONS
DGF reports most of the Game Commission’s land acquisitions involve federal funds and require
a standard land appraisal valid for one year. From DGF: “The bill will require multiple years to
obtain approval and, therefore, require multiple appraisals. The delays caused by this process
could limit the ability to acquire property and increase costs.”
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
SB114 relates to Senate Bill 5, which would change the formation and mission of the Game
Commission and the department.
Senate Bill 114 – Page 3
TECHNICAL ISSUES
The language of the bill is unclear concerning written approval from an acequia association, land
grant, or county commission in which the proposed purchase is located. While it is possible to
buy land within a county that does not belong to the county, land grants and acequia associations
own the land or water in which they are located and presumably would not sell unless it was in
their interest. If the intent is to allow acequia associations and land grants to approve or refuse
purchases that could impact them, language should be drafted that says that and defines what
conditions would give a land grant or acequia association the right of approval.
HG/hj/SL2