SB226 gives landowners the right to close streams that can be accessed via public land when that stream crosses private land. NMWF believes that public water is just that, public.
Therefore, if a stream crosses private land, that landowner has no right to block passage via the stream bed. NMWF further believes that private landowners have every right in the world to protect the banks of the stream–which they own by deed. But their title stops at the high water mark – or the highest point a body of water can reach on the land. Landowners do not own the stream bed. Therefore, public water flowing in a streambed through private property should be open to all.
Read the whole legislation to learn more about Stream Access.