Releasing either of two horses with medical issues back into the wild with others rounded up last year would be cruel, livestock officials contend
The motion comes from the defendant in litigation filed last year by Wild Horse Observers Association Inc. against the New Mexico Livestock Board. The board is asking the court to modify its orders of Sept. 8 and Dec. 5 to permit the two horses to be adopted by local residents. In the motion, Attorney Gen. Hector Balderas, who represents the livestock board, wrote that despite repeated requests, the attorney for the association has not provided a substantive response and he presumes the association opposes the motion.
However, Patience O’Dowd, who heads the association, said Monday, WHOA has not been allowed to see all the veterinarian’s reports or to send in another veterinarian.
“Attorney Gen. Balderas and the (livestock board) are opposing WHOA’s 2007 passed legislation in court, which currently is the only legal avenue to adoption of any of New Mexico’s wild horses, including these two,” she said. “This motion is just look-good noise.”
The 2007 legislation, Senate Bill 655, says that a wild horse captured on public land will be tested and if it is not a Spanish colonial horse, “it shall be returned to the public land, relocated to a public or private wild horse preserve or put up for adoption by the agency on whose land the wild horse was captured.”
Public land is defined basically as all land except federal land controlled by the Bureau of Land Management, the Forest Service or state trust land controlled by the State Land Office. A wild horse is defined as an unclaimed horse on public land that is not an estray. The bill was signed by the governor and codified in state statutes the same year it passed.
In the motion filed Thursday, Balderas wrote, “In the course of caring for the herd, the responsible residents have observed that two specific horses …have pressing medical conditions that require prompt attention and demonstrate that these two horses, regardless of the court’s disposition of other issues in this case, should remain in the care of a responsible human being and not be turned loose to fend for themselves.”
The horses are under the care of veterinarian Becky Washburn, who agreed the horses need to be placed in private permanent homes, he wrote.
example of a sorrel color (photo by Mark Stambaugh, 2015) |
The second horse is a bay male who was kept by a private individual for five months before the 12- members of the herd were picked up and he was brought into the case. He suffers from undescended testicles, which puts him at risk of developing testicular cancer. Washburn recommended possible surgery. He was expelled from the herd previously and shows signs that he is fully domesticated, Balderas wrote in the motion.
“The board agrees that the residents who have cared for the herd of horses are in the best position, along with a licensed veterinarian with whom they have consulted, to assess their welfare and their needs, and therefore, the board supports their desire to adopt these two specific horses,” Balderas concluded in his motion.
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