New Mexico Stream Access Win

[GoGriz]

Just saw this - never fished in New Mexico, but this seems like a win for the good guys.

New Mexico Supreme Court finds stream rule unconstitutional

ALBUQUERQUE, N.M. (AP) — The New Mexico Supreme Court determined Tuesday that a rule allowing private landowners to limit public access to streams and rivers is unconstitutional and contrary to

ravallirepublic.com

 

[Westxhunter]

Now.....if only we can get it enforced.

 

[swhunt21]

Now.....if only we can get it enforced.

It'll be interesting to see how G&F will enforce this. Back in the day we used to be able to fish the Pecos river ,pretty much unencumbered. All of a sudden cables were being stretched across the river with no trespassing boundaries. made for some long hikes up and around small "private" sections. I understand landowners wanting to control the stretch of river on their property but this is a big win for responsible anglers who want to be able to fish the rivers like they were meant to be fished!

 

[ImBillT]

It’s a big win for hunters too.

But yeah, I’d like to see how well it gets enforced. My experience with NM landowners is that there are some wonderful, kind and generous landowners, and there are some that want everything for themselves, including that which does not belong to them, and they have figured out exactly how to act, who to call, and what to say and it can result in a very uncomfortable situation.

 

[hank4elk]

I fished them, Pecos & Chama, in the old days and not after except on FS public.
Hear they were open a while back til injunction kicked in. Saw some huge fish on FB from those big ranches.
Heard there was trash problems and such.

 

[hank4elk]

just got notice - NMG&F sent notifications to LO with fences & signs, take them down. Not in NM.

 

[hank4elk]

This happened right after NM Supreme court ruled it unconstitutional.

 

[jmgraham1986]

just got notice - NMG&F sent notifications to LO with fences & signs, take them down. Not in NM.

Any one have any input on how this will effect tribal land? I'm familiar with a few locations that the res has blocked off.

 

[Beignet]

Any one have any input on how this will effect tribal land? I'm familiar with a few locations that the res has blocked off.

Not totally sure, but believe that reservations are sovereign land and that they’ll keep anything blocked that they want to.

 

[hank4elk]

Any one have any input on how this will effect tribal land? I'm familiar with a few locations that the res has blocked off.

Native lands are not under the state in NM. Federal backed rights.
I consider myself lucky to get to visit them, under their terms.

 

[SD_Prairie_Goat]

asdasd

Just a great addition to the discussion, the community greatly appreciates you

 

[hank4elk]

Might have to get a rod again. Could have decent access to lower Gila & SFR for smallmouth & panfish at least.

 

[Nick_CO]

Most press releases and related articles I've read don't seem to explicitly address exactly what can and can't be done under this new ruling. The article from the NMBHA Chapter tells anglers not to trespass across private land to access or exit a waterway. I get not cutting across someones ranch to get to the river, but does that imply that you can now walk up and down private stretches of river as long as you started on a part of the river - upstream or downstream - that was public? I was initially under the impression that this ruling would be more a mirror of Colorado's existing private water boating laws wherein floating is legal as long as you never step out of the boat or touch the river bed or shore in any manner that's not considered incidental. The article above from OP references Montana stream access laws where walking the river bed through private land is legal when done so below the high water mark. So which is it in NM now? I personally need some better clarification that's iron clad before I try and access some of these places and either get into an argument with landowners or get cited for trespassing because I misinterpreted something. Here's what I've read so far aside from what local papers and news stations have released. Looks like I may have to make some phone calls though.

New Mexico Supreme Court Rules in Favor of Public Access to State Waters

Backcountry Hunters & Anglers is the voice for our wild public lands, waters and wildlife.

www.backcountryhunters.org

BTW, the first link that comes up when searching Google for "New Mexico Stream Access" is a recent article from an outfitter coalition in NM that has a "Rumor vs. Fact" section where the "facts" seem really biased and questionable at best. Interesting read...

Stream Access Law

UPDATED MAY 9, 2023 This will potentially be our last update regarding the stream access issue, at least for the foreseeable future. The matter came to a decisive close on February 27th when the...

www.nmoutfitters.com

 

[mrcowboy]

I did not see any language in the articles that I've read concerning the high water mark similar to MT. I do believe lots of folks will misinterpret the ruling and you'll have people crossing private land to access the stream. I believe that BHA tried to convey this in its press release. I foresee lots of confrontation on the Pecos below Dalton this spring.

 

[hank4elk]

I have seen NM ranchers & landowners in action. It's NM.

I also had people illegally walk onto my property to fish(illegally) in the creek and then take my fruit from my orchard. In CA. Intermitant seasonal stream.

I don't trespass.

 

[Nick_CO]

I have seen NM ranchers & landowners in action. It's NM.

What does this mean?

I don't trespass.

I don't think anyone here wants to trespass which is why I'm looking for clarification on this ruling. Lots of people are calling this a win, so what have we as the public won? Boating access only like in Colorado? The right to walk and wade up and down rivers like in Montana? I've contacted New Mexico Game and Fish and will update this when someone returns my call.

 

[hank4elk]

What does this mean?

I don't think anyone here wants to trespass which is why I'm looking for clarification on this ruling. Lots of people are calling this a win, so what have we as the public won? Boating access only like in Colorado? The right to walk and wade up and down rivers like in Montana? I've contacted New Mexico Game and Fish and will update this when someone returns my call.

Pretty much lawless. IMHO Lawyers & $ rule.

It is not clear what the interpretation is from what I have seen.

I have only waded to fish streams & rivers in public areas or drifted thru along public, mostly. I have had access to private, because I knew the owners.

No rivers near me really. No waters worth fishing IMHO. Thrice caught Gila cutts? LOL

 

[Nick_CO]

Pretty much lawless. IMHO Lawyers & $ rule.

It is not clear what the interpretation is from what I have seen.

I have only waded to fish streams & rivers in public areas or drifted thru along public, mostly. I have had access to private, because I knew the owners.

No rivers near me really. No waters worth fishing IMHO. Thrice caught Gila cutts? LOL

Gotcha, yeah I've heard that about certain ranches in NM where they still play by old west rules.

Back to the river access topic. I haven't really been to too many places in New Mexico where I thought it would be great to float through this stretch, but several places would be awesome to be able to walk through and fish like is allowed in Montana. Definitely not doing that without absolute clarification, and I'm guessing that is not the case and the new rule is more for float access only like Colorado.

 

[Nick_CO]

Still waiting for my call back from the State of New Mexico regarding clarification of what exactly will be legally allowed with this stream access "win" in the New Mexico Supreme Court. It still seems murky to me and others I have talked to. According to this video posted 2 weeks ago by the New Mexico Wildlife Federation, boating, as well as wading up and down private stretches of river is now allowed. What is still unclear are the legal parameters for wading if it is indeed legal. Does each individual stream have to be officially regarded as "navigable" by the State in order to boat and wade? Is wading restricted to a high water mark or can fisherman and other users walk on land around obstacles such as rapids? The NM Wildlife Federation is a non profit organization so I don't consider their word or stance to be a definitive answer to this topic unfortunately.

 

[hank4elk]

High water or highwater @flood stage? What is wadable? Walkable? Bluewater or intermitant blue water?
They have a wish I'm sure...