# New Mexico Public Use of Rivers and Streams



## kneth (Jul 5, 2005)

The NM Supreme Court has just ruled that we have the right to float or wade in ANY river or stream in NM. Prior to this ruling, landowners could post No Trespassing signs and fence off the waterways, "privatizing" them. No longer. Thanks to the Adobe Whitewater Club, the New Mexico Wildlife Federation, and Backcountry Hunters and Anglers for bring this suit and winning! A membership in the Adobe Whitewater Club is only $15, a nice way to thank them. More info about the ruling here:








New Mexico Stream Access Legal Action — Adobe Whitewater Club


NM Stream Access Legal Action




www.adobewhitewater.org


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## CROE (Jul 29, 2008)

WOW!!!!


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## davb56 (10 mo ago)

Outstanding news for public access to our waters!


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## Nanko (Oct 20, 2020)

This is the best thing I’ve heard in a long time. Was looking dicey there for awhile. Many thanks to those who supported this effort.


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## joed (Jan 27, 2021)

Maybe proceed with caution on this one. I believe this ruling is saying only that the game commissions decision is unconstitutional. To my knowledge there are still no laws on the books in New Mexico regarding the status of the streambed or high water mark like there is in other western states. Just saying I wouldnt go for a stroll down a river or creek through private land in New Mexico just yet. Good way to invite trouble, or get shot at


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## agrankin (Aug 31, 2017)

joed said:


> Maybe proceed with caution on this one. I believe this ruling is saying only that the game commissions decision is unconstitutional. To my knowledge there are still no laws on the books in New Mexico regarding the status of the streambed or high water mark like there is in other western states. Just saying I wouldnt go for a stroll down a river or creek through private land in New Mexico just yet. Good way to invite trouble, or get shot at


Fully agree. I haven't read the opinion yet, but there is a difference between floating and wading. I do both and won't be wading through any of those private waters on the Pecos or Chama any time soon.


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## kneth (Jul 5, 2005)

The court's ruling is quite clear. There are links in the article above to see exactly what was stated.
“New Mexico’s rivers and streams are rare and precious resources that all New Mexicans are entitled to enjoy,” said Scott Carpenter, President of the Adobe Whitewater Club. “This access is part of New Mexico’s heritage. The NM Supreme Court unanimously ruled today that the public has a long-standing constitutional right to recreational uses of these rivers and streams. That right includes contact with the streambed and banks that is incidental to recreational use of the water. The court ruled it is unconstitutional for private landowners to fence the public out.” 
The Game Commission under prior Gov. Martinez had allowed some landowners to fence off the waterways, but the State Supreme Court has declared that unconstitutional.
I'm not saying there aren't crazy people out there, just that the law is on your side, so your heirs will be very wealthy. 😁


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## agrankin (Aug 31, 2017)

Kneth - that definitely appears to be what the court decided but they still haven't issued their written opinion. I just checked this morning. The way things go over there, it may be a few more months before one is issued. Eager to see exactly what their reasoning is. I am not really following the logic since the constitutional provision at issue I believe is all about how waters are public for appropriation and beneficial use, but there is NM Supreme Court case from the 1940s that ruled a Mexican land grant was subject to public access along the river bed because at the time the grant was made Mexican law did not recognize a right to exclude access from the bed of a river and treated it similarly to a public right of way.


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## kneth (Jul 5, 2005)

Agrankin, you clearly know some stuff. Could a good written opinion mean that we could take down their dangerous fences?


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## agrankin (Aug 31, 2017)

Definitely don't advise taking the law into your own hands! But filing a pro se action for an "affirmative" injunction to require the owners to take them down would be the way to go, assuming the opinion provides the basis for it. This opinion is going to shake things up on the Pecos and the Chama. Once it's issued, I will post a link to it here.


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## Droboat (May 12, 2008)

Have to note that "filing a pro se action for an "affirmative" injunction"" (whatever that is) is perhaps the worst of all options. A pro se civil action has a fool for both lawyer and client. At least if you get shot, there will be presumably competent attorneys representing your heirs and the recreational interest in NM rivers that you got shot trying to enjoy. 

There are numerous better options than stepping into a fool's line of fire that do not involve a fool's lawsuit.

The good folks who fought the good fight would probably enjoy hearing from boaters with real problems that can be solved by this opinion. A fence aimed boaters' throats or a fascist landowner making threats to maim/kill sound like something that Adobe Whitewater Club, the New Mexico Wildlife Federation, or Backcountry Hunters and Anglers might want to hear about to see if they can build on this victory. The follow-up might be as simple as educating landowners on the opinion. On the other end, a supreme court opinion might not be enough to persuade some of the armed fascists and so-called sovereign citizens, which might provide a different/unique opportunity to pull fools into the courtroom/jailhouse.

Echo OP's *big thanks* and shout-out to the successful effort, and look forward to reading the opinion.


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## kneth (Jul 5, 2005)

The Adobe Whitewater Club does not mention "armed fascists and so-called sovereign citizens". I think the issues are with generic super rich folks. The AWC has this photo up.


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## Livenswell (Sep 19, 2016)

Looks like the NM Supremes finally decided what's right, see attached press release with their opinion allowing access to public waters in NM. Nice


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## agrankin (Aug 31, 2017)

Thanks for pulling this down. I have been waiting to read it.


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