Defending Access to Public Streams

Dear Friend,

There is a legal case working its way through New Mexico's courts that may ultimately determine whether or not New Mexicans can access our waterways.

In the final days of Governor Susana Martinez's administration, the State Game Commission passed a rule that upended anglers', boaters', and other recreationists' right to access public streams. This rule put a halt to activities that have long been enjoyed by New Mexicans throughout the state, and drawn visitors from both near and far who contribute to our outdoor recreation economy.

The rule allows private landowners to prohibit public access to waters flowing through their lands if the waters are designated as "non-navigable." What this means is that the vast majority of New Mexico's streams - whether they flow all the time, intermittently, or just when it rains - could be designated as not "navigable" and could be kept off limits to the public.

When we became a state, the New Mexico Constitution included clear language that stated that rivers, streams, and lakes in New Mexico "belong to the public." For 75 years, the New Mexico Supreme Court has recognized the public's right to recreate, fish, and use these waters, including waters that flow through private lands. I support that right and call on Governor Michelle Lujan Grisham and New Mexico Attorney General Hector Balderas to do the same.

As a lifelong conservationist and a former outfitter guide, I have long worked to protect and conserve New Mexico's public lands, watersheds, streams and wildlife for future generations. I know the landscape of our state intimately and keep a mental map of the mountains and watersheds, constantly updating it as I combine data from actual maps with my experiences on the ground. I have fished and hunted extensively throughout New Mexico and kayaked, canoed, and rafted most of the major rivers of the state.

While private property rights must be respected, public access to our public waterways is essential to sustaining outdoor traditions for all of us. Our right to float, fish, and see wildlife on these publicly-owned waterways should not depend on which landholders we know or the thickness of our wallets.

The Game Commission, the Attorney General, and the Governor have the legal authority to act swiftly to make sure this rule is withdrawn and re-written. I have called on them to exercise that authority. If they do not, however, lawsuits are already filed putting the rule's legality before the New Mexico courts. This week, Senator Tom Udall and I moved to file an amicus, or "friend of the court," brief before the New Mexico Supreme Court to defend New Mexicans' right under the state constitution to access public surface waters.

New Mexicans have always understood agua es vida, water is life. We know how vital managing this precious resource is to preserving our economy, our environment, and our traditions, many of which have been in place since before statehood. Whether through the courts or not, we must all reaffirm that New Mexico's rivers, streams, and lakes belong to the public.

I encourage you to stay in touch with me about this and other issues important to you and your family.

Be well and stay healthy.