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Committee backs small wording change to protect stock water rights
Summary
Senate Bill 470, which would change a single word in statute to clarify who may impound surface water for stock watering, received broad support from ranchers and a committee 'do pass' recommendation; senators requested clearer drafting to avoid unintended ambiguity.
The Senate Conservation Committee recommended approval of Senate Bill 470 after supporters said a one‑word change would protect ranchers’ ability to impound water for livestock.
Sponsor Senator Townsend said the bill was a constituent measure to change a statutory word — from "any" to "only" — to clarify that stockmen or stock owners should have the ability to impound surface water for stock watering. "This bill ... is pretty simple," Townsend said, describing the intent to protect ranchers in drought conditions.
Supporters included ranchers and representatives of the New Mexico Cattle Growers Association, who said the language change is important as drought tightens water availability. Tom Patterson, president‑elect of a cattle growers association, and other representatives testified that the change would make the application requirement clear for stock water impoundment.
Several senators raised concerns that substituting 'only' for 'any' could create a different legal construction and unintended ambiguity about who would still be required to apply to the state engineer. Senator Cervantes noted the change might be read to mean others do not have to apply and suggested refined language for judicial review. The sponsor and supporters agreed to refine drafting before the bill moves to the judiciary committee.
After discussion and a brief, friendly amendment process to clarify intent, the committee recorded a 'do pass' recommendation.
