10th Circuit Court Affirms Your Right To Fish In All New Mexico Rivers, Even If They Are On Private Land
If you spend any time in or around Red River or any other New Mexico community with a river or stream nearby, you need to hear this.
On April 21st, the Tenth Circuit Court of Appeals affirmed a New Mexico Supreme Court ruling: the public has the legal right to fish, walk, or wade in streams and rivers that flow across private land. The water is public, always has been, and the state is now actively enforcing that right.
What the Ruling Actually Means
The state Attorney General has filed lawsuits against landowners who are blocking access or harassing people trying to use waterways. One case along the Pecos River involved a landowner who allegedly made death threats and used heavy machinery to trench the riverbed and create underwater hazards. According to the AG, that person is now facing serious fines and possible incarceration.
How to Access Legally
You can be in the water and up to the high water mark. That part is settled. What matters is how you get there.
You cannot cross private land to reach the water without permission. You need to enter at a public access point, or through adjacent private land where you have the owner's permission. Once you've reached the high water mark or you're in the water, you're on public easement and you're good.
This is a big win for recreation in New Mexico, but it comes with responsibility. The land around that water belongs to someone. Respect it, and pack out what you pack in.
Have questions or want to learn more? Give us a call at 575-613-4243 — we're happy to help.
Rob Swan | Qualifying Broker | Swan Realty Inc.
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