New Mexico court asked to settle fight over stream access

SANTA FE, N.M. (AP) — The head of an agency that oversees hunting and fishing across New Mexico is asking a judge to settle a long-running dispute over public access to rivers and streams that flow through private property.

Game and Fish Director Michael Sloane filed a complaint Wednesday in state district court, asking for clarification on whether and under what circumstances private landowners can prohibit people from fishing and otherwise using waterways that cross their property.

The state Game Commission voted in November to order the Game and Fish Department to come up with a plan to either change or repeal a contested rule that limits access. It was adopted by the previous commission in 2017, giving landowners the ability to petition the department to certify waters on private property as “non-navigable” and prohibit public access without written permission.

The department approved several applications making waters non-navigable before the Game Commission in July placed a moratorium on the rule because of the legal questions being raised.

The court filing says the rule lacks clear legal guidance, and Sloane is “in the untenable position of enforcing competing and undefined legal rights.”

Sloane, the Game and Fish Department and the Game Commission declined to comment on the pending litigation.

The court filing, submitted by an attorney in the governor's office on behalf of Sloane, contends the argument is over the definition of “non-navigable” and which streams and rivers can be classified that way.

Environmentalists, sportsmen groups and some lawyers have said state wildlife officials have no authority to weigh in on how waterways should be classified because water policy and law is beyond their scope.

Jesse Deubel, executive director of the New Mexico Wildlife Federation, said the rule has blocked waterways for recreation.

“Navigability became a red herring and confused the public with a bunch of questions that really don’t matter, because the waters of New Mexico belong to the public,” he said. “Just about everyone involved in this issue agrees it has to be decided by the court at some point.”

Gov. Michelle Lujan Grisham's office previously said the ultimate goal is finding a balanced solution that ensures access for anglers and outdoor enthusiasts while also protecting private property rights.