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. 13, July 16, 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.
(1) Form - content: A declaration of
				livestock water impoundment shall be filed on a form prescribed by the state
				engineer. The declaration shall include the following information: the name and
				mailing address of the declarant, owner of land on which the livestock water
				impoundment is located, proof of permission from land owner(if other than
				declarant) 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 the livestock water impoundment and source of water,
				type of stock, amount of stock, other sources of water, quantity of water used,
				the date of construction, the date water was first applied to beneficial use
				and the continuity thereof, and any other information deemed necessary by the
				state engineer. The declarant shall sign the declaration before a notary. If a
				declaration lacks any of this information, it may be returned to the declarant
				for completion.
(2) Filing fee: A
				fee of $10 must accompany the declaration for a livestock water
				impoundment.