![]() The relevant section of the new law stated that: The rule was challenged by sportsmen as extralegal, so in 2015 the New Mexico State Legislature made the NMGF ruling a law. A certificate of non-navigability once issued by the NMGF could allow landowners to bar use of the riverbed. ![]() Since, generally speaking, rivers that are deemed navigable-that is, suitable for commercial use or subject to historical commercial use-by the Army Corps of Engineers have had their beds held in trust for public use, sportsmen believed they could use them to fish. ![]() The conflict arose between riparian landowners and anglers because the New Mexico Department of Game & Fish (NMGF) created regulations enabling landowners to obtain a certificate of non-navigability, allowing them to close public access to segments of public water flowing over private property. Before the court was a relatively straightforward question: Were the river and stream beds of the state held in trust for the public at statehood, even if those river and stream beds flowed over private property? The answer was a resounding yes. ![]() The New Mexico Supreme Court deliberated for just 15 minutes before rendering its sweeping decision to open up thousands of river miles to public access. ![]()
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