cal30_sniper
Lil-Rokslider
I didn't see this already posted in any search I've tried. If I missed it, please feel to redirect my efforts.
This case started the climb to the NM Supreme Court last year, and I haven't been able to find anything else on it since May 2020. This has been a larger topic among the fishing community, but I believe it could impact DIY backcountry hunting as well.
Long story short:
I'm a newbie here, so I'll refrain from presenting this with slant to one side or another. This has seen a lot of traction amongst the fishing community, but I believe it could impact hunters as well. Here's why:
Per the Constitution, "perennial or torrential" water within New Mexico is declared to belong to the public. Aside from the several permanently flowing waterways that have become the focus of this case, there are numerous torrential waterways within the state that could be deemed as public access depending on the resolution of this lawsuit in the NM Supreme Court. If these waterways are affirmed to be public regardless of navigability, these torrential waterways could also be deemed public based on the wording of the state constitution. There is previous case law to support this.
Aside from obvious impacts to water recreation, what that means for public hunters is better access to public lands in some areas. If a person can use a torrential waterway to cross from public to public land across private inholdings, public access to landlocked or difficult to access areas expands. I wanted to post here as a sounding board, hopefully to hear some thoughts from others on this case and its implications as well as to foster a better tracking of the follow-through to case resolution.
A general overview of the story:
nmpoliticalreport.com
Petition:
BHA release on the lawsuit:
www.backcountryhunters.org
New Mexico Council of Outfitters and Guides (opposition to lawsuit):
Respondents Brief:
Petitioners Reply Brief:
This case started the climb to the NM Supreme Court last year, and I haven't been able to find anything else on it since May 2020. This has been a larger topic among the fishing community, but I believe it could impact DIY backcountry hunting as well.
Long story short:
- The Lawsuit has been brought forth by Adobe Whitewater Club of New Mexico, New Mexico Wildlife Federation, and the New Mexico BHA chapter against the Governor and State Game Commission.
- The lawsuit is in response to the "Stream Access Law" passed in 2015, which states in part: "C. No person engaged in hunting, fishing, trapping, hiking, sightseeing, the operation of watercraft or any other recreational use shall walk or wade onto private property through non-navigable public water via private property unless the private property owner or lessee or person in control of private lands has expressly consented in writing."
- The suit deals with public waterway access. The New Mexico State Constitution, Article XVI, states: "The unappropriated water of every natural stream, perennial or torrential, within the state of New Mexico, is hereby declared to belong to the public and to be subject to appropriation for beneficial use, in accordance with the laws of the state. Priority of appropriation shall give the better right."
- Utilizing the provisions of the Stream Access Law, private landholders have been able to petition the State Game Commission to declare the public watercourses across their land as "non-navigable", thereby closing them to public access. These watercourses (think rivers, like the Pecos, Chama, etc) are then fenced across and posted as closed where they cross private.
- The argument behind these closures is that because these stretches of river are non-navigable, one must physically touch the riverbed in order to use them for public recreation (fishing/boating/wading/etc), which the defendants contend is trespassing.
- The suit contends that this interpretation of public water access is unconstitutional, and does not align with previous case law or attorney general opinion. Unlike other western states, the New Mexico State Constitution makes no reference to navigable or non-navigable public water. This is a carry-over from the water use laws in place when the US annexed New Mexico. The suit argues that all water in New Mexico is public, regardless of navigability, and therefore open to public access as long as the public does not trespass from the waterway onto private property, or across private property to access the waterway (which is a logical interpretation of the Stream Access Law).
I'm a newbie here, so I'll refrain from presenting this with slant to one side or another. This has seen a lot of traction amongst the fishing community, but I believe it could impact hunters as well. Here's why:
Per the Constitution, "perennial or torrential" water within New Mexico is declared to belong to the public. Aside from the several permanently flowing waterways that have become the focus of this case, there are numerous torrential waterways within the state that could be deemed as public access depending on the resolution of this lawsuit in the NM Supreme Court. If these waterways are affirmed to be public regardless of navigability, these torrential waterways could also be deemed public based on the wording of the state constitution. There is previous case law to support this.
Aside from obvious impacts to water recreation, what that means for public hunters is better access to public lands in some areas. If a person can use a torrential waterway to cross from public to public land across private inholdings, public access to landlocked or difficult to access areas expands. I wanted to post here as a sounding board, hopefully to hear some thoughts from others on this case and its implications as well as to foster a better tracking of the follow-through to case resolution.
A general overview of the story:
Supreme Court asked to weigh in on stream access dispute that no one can agree on - NM Political Report
A stream access dispute that has been brewing for years between public access advocates and landowners could be resolved once and for all, now that litigation has brought the matter to the New Mexico Supreme Court. In March, three conservation and public access organizations, the New Mexico...
nmpoliticalreport.com
Petition:
BHA release on the lawsuit:
New Mexico Stream Access Lawsuit Moves Ahead
The state constitution says all waters in New Mexico belong to the public. The state Supreme Court has previously ruled that these waters should be open to the public for recreational use. Yet for decades, landowners have closed portions of the Pecos, Rio Chama and streams with the support of...
www.backcountryhunters.org
New Mexico Council of Outfitters and Guides (opposition to lawsuit):
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
Respondents Brief:
Petitioners Reply Brief:
