NM Supreme Court sides with recreation groups in stream access case

 The New Mexico Supreme Court on Tuesday agreed that a Game Commission rule which had allowed landowners to restrict access to water flowing through private property is unconstitutional.  

The ruling in the stream access case represents a victory for kayaking and fishing groups seeking to preserve public access to the state’s waterways, and a defeat for landowners who saw the rule as key to protecting private property rights.  

Chief Justice Michael Vigil said the court unanimously agreed that the rule is contrary to a “constitutional reading” of a 2015 state law.

The previous state Game Commission had used that law to issue five non-navigable water certificates to northern New Mexico landowners — some of whom posted signs and built fences through the waterways. 

“The court will order an issuance of order declaring that the certificates issued pursuant to the rule are void,” Vigil said...MORE