Whenever any person, company or corporation turns loose on any range in this state, already occupied or in the possession of another or others by virtue of their having complied with the provisions of the preceding section [19-3-13 NMSA 1978], he or they must be the owner or owners of, or must be lawfully entitled to the possession of some other living, permanent water upon such range, sufficient for the proper maintenance of all such additional cattle so turned loose, other than that owned by or lawfully possessed, or lawfully in the possession of any other person, company or corporation that may have previously appropriated, stocked or taken possession of such range in accordance with the provisions of this and the preceding section; and such person, company or corporation so turning loose cattle upon such range must at all times, furnish, supply and maintain upon such range such other permanent living water free and unfenced and upon the surface of the ground.
History: Laws 1889, ch. 61, § 2; C.L. 1897, § 128; Code 1915, § 4629; C.S. 1929, § 111-102; 1941 Comp., § 8-314; 1953 Comp., § 7-3-14.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Structure 2021 New Mexico Statutes
Article 3 - Occupation of Public Lands
Section 19-3-1 - [Possessory rights of occupant; notice and record; abandonment.]
Section 19-3-2 - [Copy of record as evidence.]
Section 19-3-3 - [Transfer of rights; consent of wife; exemption from sale under execution.]
Section 19-3-4 - [Timber and articles reduced to possession; property right.]
Section 19-3-5 - [Common pastures.]
Section 19-3-6 - [Use of common pasturage.]
Section 19-3-7 - [Meadows in common pastures; enclosure for hay.]
Section 19-3-8 - [Exclusive occupation of meadow; penalty; civil damages.]
Section 19-3-9 - [Proceedings before magistrate.]
Section 19-3-10 - [Jurisdiction of magistrate and of district court.]
Section 19-3-11 - [Unlawful enclosure of public lands.]
Section 19-3-12 - [Occupying or denying others use of public land; penalty.]
Section 19-3-13 - [Right to appropriate and stock range on public domain; conditions.]
Section 19-3-14 - [Second or subsequent use of range; conditions.]
Section 19-3-15 - [Use of public land for range without owning water right; penalty.]
Section 19-3-16 - [Each day's violation a separate offense.]