New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 26 - SURFACE WATER
Part 2 - ADMINISTRATION
Section 19.26.2.14 - LIVESTOCK WATER IMPOUNDMENTS
Current through Register Vol. 35, No. 6, March 26, 2024
A permit is required to impound surface water for watering livestock. If the proposed impoundment is created by a dam that exceeds ten feet in height measured from the lowest point on the downstream toe to the dam crest, or exceeds ten acre-feet in storage capacity, the applicant shall comply withthe applicable dam construction requirements in 19.25.12 NMAC. Watering of livestock does not include the impoundment of surface or groundwater in any amount for fishing, fish propagation, recreation, or aesthetic purposes.
A. Form - content: An application for permit for livestock water impoundment shall be filed on a form prescribed by the state engineer. The application shall include the following information: the name and mailing address of the applicant, owner of land on which the livestock water impoundment will be constructed, proof of permission from land owner (if other than applicant) to construct a livestock water impoundment, name of the livestock water impoundment, location of the livestock water impoundment using public land survey system, latitude and longitude, or the New Mexico state plane coordinate system, name of the watercourse, maximum depth of the livestock water impoundment, height of dam and height of spillway from the lowest natural ground surface on the downstream side to the dam crest, surface area and storage capacity of the impoundment at lowest spillway elevation, map illustrating location of proposed livestock water impoundment and source of water, type of stock, amount of stock, other sources of water locally available for stock watering, and any other information deemed necessary by the state engineer. If an application lacks any of this information, it may be returned to the applicant for completion.
B. Filing fee: A fee of $10 must accompany the application for a livestock water impoundment.
C. Return or rejection of an application: After reviewing each application, the state engineer will notify the applicant if any deficiencies are found with the application. The applicant will be given an opportunity to correct any deficiencies noted in the application. All deficiencies noted by the state engineer shall be corrected prior to acceptance and action on the proposed application for livestock water impoundment.
D. Action of the state engineer: The state engineer shall approve an application if, after review, the state engineer is of the opinion that the proposed use qualifies as a livestock water impoundment by meeting the following requirements: the impoundment is not fed by or located on a perennial stream, the impoundment is used for stock watering, and the capacity of impoundment is 10 acre-feet or less. The state engineer may take into account the maximum amount of water required per livestock unit and shall take into account regional and climatic conditions that affect consumption. The state engineer may impose reasonable conditions of approval. An application may be denied if the state engineer is of the opinion that the proposed impoundment does not qualify as a livestock water impoundment. A permit to appropriate water must be obtained pursuant to Section 19.26.2.10 or 19.26.2.11 NMAC if the proposed impoundment is located on or fed by a perennial stream or if the capacity of the impoundment exceeds 10 acre-feet.
E. Proof of construction: No works may be constructed or modified except in accordance with the permit conditions of approval. Upon completion of a livestock water impoundment, a statement of completion of construction shall be filed with the state engineer on a form prescribed by the state engineer. Said statement of completion shall be filed within one year of approval or the permit shall automatically expire. An expired permit shall not be subject to reinstatement.
F. Declaration of existing livestock water impoundments: Any person, firm or corporation claiming to be the owner of a water right established prior to March 19, 1907, from any surface water source, may file a declaration on a form prescribed by the state engineer pursuant to 19.26.2.8 NMAC. Any person, firm or corporation claiming to be the owner of a livestock water impoundment where the impoundment was created after March 19, 1907 but before May 19, 2004, may file a declaration of existing livestock water impoundment, provided the storage capacity is less than ten acre-feet. The declaration shall set forth the history and continuity of the beneficial use to which said water has been applied. A declaration may be accompanied by a map prepared pursuant to 19.26.2.26 NMAC and may be accompanied by deeds, survey plats, affidavits and other evidence tending to substantiate the claim. If such supporting documents are filed with the state engineer, they will be filed together with the declaration. The declaration may be filed by the declarant on his personal information and belief. No declarations will be accepted for filing within any stream system where an adjudication court has entered an order or decree that operates to bar such claims.
