Stream Access Rule Overturned
By Etta Pettijohn
Confirming the public’s right to access streams that flow through private property, the New Mexico Supreme Court (NMSC) earlier this month determined a state wildlife agency rule allowing landowners to restrict such right of entry is unconstitutional.
Several western states are seeking courts’ opinions on the public’s right to float or wade through navigable streams that flow through private property. In New Mexico, the court has confirmed recreationists’ rights to use “non-navigational” streams, providing the user doesn’t trespass public land surrounding the body of water.
In 2015 legislators, by a one-vote margin, amended the New Mexico trespass law, barring the public from wading in streams running through private property without written permission from the landowner. Three months later the state Fish and Game Commission (NMFGC) established a rule allowing landowners to certify these streambeds as “non-navigable,” declare them as private property and fence the public out.
Three New Mexico Attorney Generals have over time concurred that a 1945 NMSC decision in “State Game Commission vs. Red River Cattle Co.” allows the public to utilize streams and streambeds where they run through private property, providing they don’t trespass onto adjoining private land. Read more








