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SENATE BILL 470
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
James G. Townsend
AN ACT
RELATING TO STOCK WATER; PROVIDING THAT ONLY STOCKMEN OR STOCK
OWNERS DESIRING TO IMPOUND ANY OF THE SURFACE WATERS OF THE
STATE FOR WATERING OF LIVESTOCK SHALL APPLY TO THE STATE
ENGINEER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 72-9-3 NMSA 1978 (being Laws 1907,
Chapter 49, Section 74, as amended) is amended to read:
"72-9-3. STOCK WATER.--
A. [Any] Only stockmen or stock owners desiring to
impound any of the surface waters of the state for watering of
livestock shall apply to the state engineer on a form
prescribed by the state engineer. If the capacity of the
proposed impoundment is ten acre-feet or less, the applicant
shall meet the requirements of this section. If the capacity
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of the proposed impoundment exceeds ten acre-feet, the
applicant shall meet the requirements of filing applications
for the appropriation and use of water pursuant to Section
72-5-1, 72-5-22, 72-5-23 or 72-5-24 NMSA 1978.
B. Upon the filing of an application pursuant to
this section, if the state engineer finds that the capacity of
the proposed impoundment is ten acre-feet or less, will not be
on a perennial stream and will be used for watering of
livestock as defined in Subsection D of this section, the state
engineer shall issue a permit to the applicant to impound and
use the waters applied for; provided that as part of an
application for an impoundment on state or federal land, the
applicant submits proof that the applicant is legally entitled
to place livestock on the state or federal land where the water
is to be impounded and has been granted access to the site and
has permission to occupy the portion of the state or federal
land as is necessary for the impoundment.
C. This section shall only apply to impoundments
constructed for the watering of livestock after the effective
date of this 2004 act.
D. As used in this section, "livestock" means
"livestock" as defined in Section 77-2-1.1 NMSA 1978, and this
section applies only to the impoundment of surface water for
the purpose of watering livestock. Watering of livestock does
not include an impoundment of surface or ground water in any
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amount for fishing, fish propagation, recreation or aesthetic
purposes, which shall require a permit pursuant to Section
72-5-1 NMSA 1978. In determining whether an impoundment will
be used for the watering of livestock, the state engineer may
consider the maximum amount of water required per livestock
unit and shall take into account regional and climatic
conditions that affect consumption."
SECTION 2. APPLICABILITY.--The provisions of this act
apply to the impounding of the surface waters of the state for
watering of livestock beginning on or after July 1, 2025.
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