New Mexico 2025 Regular Session

New Mexico Senate Bill SB470 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 470
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	James G. Townsend
32	32	AN ACT
33	33	RELATING TO STOCK WATER; PROVIDING THAT ONLY STOCKMEN OR STOCK
34	34	OWNERS DESIRING TO IMPOUND ANY OF THE SURFACE WATERS OF THE
35	35	STATE FOR WATERING OF LIVESTOCK SHALL APPLY TO THE STATE
36	36	ENGINEER.
37	37	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
38	38	SECTION 1. Section 72-9-3 NMSA 1978 (being Laws 1907,
39	39	Chapter 49, Section 74, as amended) is amended to read:
40	40	"72-9-3. STOCK WATER.--
41	41	A. [Any] Only stockmen or stock owners desiring to
42	42	impound any of the surface waters of the state for watering of
43	43	livestock shall apply to the state engineer on a form
44	44	prescribed by the state engineer. If the capacity of the
45	45	proposed impoundment is ten acre-feet or less, the applicant
46	46	shall meet the requirements of this section. If the capacity
47	47	.229700.1 underscored material = new
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74	74	of the proposed impoundment exceeds ten acre-feet, the
75	75	applicant shall meet the requirements of filing applications
76	76	for the appropriation and use of water pursuant to Section
77	77	72-5-1, 72-5-22, 72-5-23 or 72-5-24 NMSA 1978.
78	78	B. Upon the filing of an application pursuant to
79	79	this section, if the state engineer finds that the capacity of
80	80	the proposed impoundment is ten acre-feet or less, will not be
81	81	on a perennial stream and will be used for watering of
82	82	livestock as defined in Subsection D of this section, the state
83	83	engineer shall issue a permit to the applicant to impound and
84	84	use the waters applied for; provided that as part of an
85	85	application for an impoundment on state or federal land, the
86	86	applicant submits proof that the applicant is legally entitled
87	87	to place livestock on the state or federal land where the water
88	88	is to be impounded and has been granted access to the site and
89	89	has permission to occupy the portion of the state or federal
90	90	land as is necessary for the impoundment.
91	91	C. This section shall only apply to impoundments
92	92	constructed for the watering of livestock after the effective
93	93	date of this 2004 act.
94	94	D. As used in this section, "livestock" means
95	95	"livestock" as defined in Section 77-2-1.1 NMSA 1978, and this
96	96	section applies only to the impoundment of surface water for
97	97	the purpose of watering livestock. Watering of livestock does
98	98	not include an impoundment of surface or ground water in any
99	99	.229700.1
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127	127	amount for fishing, fish propagation, recreation or aesthetic
128	128	purposes, which shall require a permit pursuant to Section
129	129	72-5-1 NMSA 1978. In determining whether an impoundment will
130	130	be used for the watering of livestock, the state engineer may
131	131	consider the maximum amount of water required per livestock
132	132	unit and shall take into account regional and climatic
133	133	conditions that affect consumption."
134	134	SECTION 2. APPLICABILITY.--The provisions of this act
135	135	apply to the impounding of the surface waters of the state for
136	136	watering of livestock beginning on or after July 1, 2025.
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138	138	.229700.1