Nov 15 2017

Game Commision: Non-Navigable Water Proposed Rule

New Mexico Register / Volume XXVIII, Issue 21 / November 14, 2017


The New Mexico State Game Commission (“Commission”) has scheduled a regular meeting and rule hearing for Wednesday December 20, 2017, beginning at 9:00 a.m., at Albuquerque Marriott Pyramid North, 5151 San Francisco Rd NE, Albuquerque, New Mexico, to hear and consider action as appropriate on the following: Informational presentation and final action of proposed process for Landowner Certification of Non-Navigable Water;

Notice of Rulemaking

Proposed New Part in Rule

19.31.22 NMAC            Landowner Certification of Non-Navigable Water


The purpose is to add a Part 22, of Chapter 31, of Title 19 NMAC to establish a certification process by which landowners can register their legally-posted property(s) with the department that will identify portions of non-navigable waters that run through privately owned property.  This is a result from new language in statute §17-4-6 NMSA which was passed in the 2015 legislative session. 

Summary of the proposed new part in rule (19.31.22 NMAC) will include all required headings to include: Issuing Agency, Scope, Statutory Authority, Duration, Effective Date, Objective, Definitions, Certification Requirements, Written Determination and Recommendations by the Director, Notice of Written Determination and Requirements, Meeting Procedures, Judicial review and Final Vote.  The new Part in rule will identify language for the Department to establish a formal certification process by which landowners can submit to the Department an application which will recognize certain waters found on private property as non-navigable public waters and therefore trespass is not lawful unless prior written permission is received from the landowner.  Full text of the new rule will be available on the Department’s website (below).

Interested persons may submit comments on the new rule to ; or individuals may submit written comments to the physical address below.   Comments are due by 5:00 p.m. on December 19, 2017 when the final rule will be voted on by the Commission during a public meeting on December 20, 2017.  Interested persons may also provide data, views or arguments, orally or in writing, at the public rule hearing to be held on December 20, 2017.  Full copies of text of the proposed rule amendments, technical information related to proposed rule changes, and the agenda can be obtained from the Office of the Director, New Mexico Department of Game and Fish, 1 Wildlife Way, P.O. Box 25112, Santa Fe, New Mexico 87507, or from the Department’s website at www.wildlife.state.nm/commission/proposals-under-consideration/.  The agenda is subject to change up to 72 hours prior to the meeting.  Please contact the Director’s Office at (505) 476-8000, or the Department’s website at for updated information.

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Department at (505) 476-8000 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the Department at 505-476-8000 if a summary or other type of accessible format is needed.

Legal authority for this rulemaking can be found in the General Powers and Duties of the State Game Commission 17-1-14, et seq. NMSA 1978; Commission’s Power to establish rules and regulations 17-1-26, et seq. NMSA 1978.

Click here for full text of proposed rule.