Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

F I S C A L    I M P A C T    R E P O R T

 

 

SPONSOR

Stell

DATE TYPED

 

HB

325 /a HAGC

 

SHORT TITLE

Livestock Water Tank Regulation

SB

 

 

 

ANALYST

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

See Narrative

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

LFC Files

 

Responses Received From

New Mexico Department of Agriculture

Office of the State Engineer

Environment Department

 

SUMMARY

 

            Synopsis of HAGC Amendment

 

The House Agriculture and Water Resource Committee amendment to House Bill 325 strikes the requirement that exempted control structures must have the approval of the United States Department of Agriculture’s Natural Resources Conservation Service’s Conservation Plan pursuant to the Farm Security and Rural Investment Act of 2002.

 

The amendment also simplifies language by directly referencing “stock owners”.

 

The amendment modifies the “permission clause” relating to applicants seeking to impound water on land not owned by the applicant, whether government owned or private. The amended provision relates only to Federal and state lands, and provides the applicant must demonstrate he is legally entitled to place livestock on the government land. 

 

Finally, the amendment adds that, in determining whether an impoundment will be used to water livestock, the state engineer may consider regional and climatic conditions that affect consumption.

 

 

Synopsis of Original Bill

 

House Bill 325 amends existing law (Section 72-5-32, NNMSA 1978) to remove reference to stock dams and flood control dams. The bill inserts sediment dams designed and approved by a United States Department of Agriculture, Natural Resources Conservation Service conservation plan. 

 

The bill provides an entity or person must apply for a permit from the Office of the State Engineer if intending to impound surface water.  If the Office of the State Engineer finds the proposed impoundment is ten acre-feet or less, will not be on an perennial stream, and will be used for water livestock, the Office shall issue the permit, provided if the impoundment will be located on private, state or federal land not owned by the applicant, the application shall be accompanied by an acknowledgement statement executed by the owner.

 

If the proposed impoundment exceeds ten acre-feet, the applicant is required to meet the filing requirements in existing law, found at Sections 72-5-1, 22, 23 & 27, NMSA 1978.

 

The bill defines “livestock”.  In doing so, the bill references the existing definition at Section 77-2-1.1, NMSA 1978.  The bill expressly notes that livestock does not include:

·        impoundment of surface or ground water in any amount for fishing, or fish propagation, recreation or aesthetic purpose.

 

Finally, the bill states the Office of the State Engineer may consider the maximum amount of water required per “livestock unit” when determining whether the requested impoundment will be used for water livestock.

 

The bill contains an emergency clause. 

 

Significant Issues

 

The New Mexico State Department of Agriculture states:

 

Federal NPDES permits issued pursuant Section 402 of the Clean Water Act often require storm water pollution prevention plans that may include the construction of erosion control structures that impound 10 acre-feet of water or less and are primarily designed for sediment control.  Pursuant to HB325, these erosion control structures would have to be approved by U.S. Department of Agriculture’s Natural Resource Conservation Service.  However, in many cases the erosion control structures required under federal NPDES permits are for municipal projects or other non-agricultural projects such as the construction of highways.  USDA NRCS may not have the authority or resources to approve these municipal and non-agricultural projects. 

 

FISCAL IMPLICATIONS

 

This bill does not contain an appropriation.  However, if enacted, the bill will result in some administrative costs to the Office of the State Engineer.

 

The Office of the State Engineer notes:

 

The Office of the State Engineer is already charged with the regulation and control of surface waters.  The Bill would create additional workload, but such additional workload is necessary to efficiently and equitably administer water rights throughout the state.  

 

POSSIBLE ALTERNATIVES

 

The Office of the State Engineer proposes:

 

·        Remove all exemptions in 72-5-32 NMSA 1978 and 72-9-3 NMSA and require the retirement of existing rights to offset effects of all new livestock water tanks.

 

·        Provide definitions within existing statutes for legitimate livestock uses with specific penalties for illegal uses.

 

·        Leave current exemptions in statutes and provide for the state engineer to adopt and administer those uses with Rules and Regulations to be established by him.

 

SJM/dm:yr