SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 226

52nd legislature - STATE OF NEW MEXICO - first session, 2015

AN ACT

RELATING TO PUBLIC WATERS; AMENDING A SECTION OF CHAPTER 17 NMSA 1978; DEFINING THE SCOPE OF EASEMENT CREATED BY CONSTITUTIONAL PROVISIONS REGARDING OWNERSHIP OF PUBLIC WATERS, BENEFICIAL USE OF PUBLIC WATERS AND THE RIGHT TO ACQUIRE, OWN AND PROTECT PRIVATE PROPERTY; PROVIDING FOR LAWFUL RECREATIONAL ACCESS TO PUBLIC WATERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 17-4-6 NMSA 1978 (being Laws 1912, Chapter 85, Section 10, as amended) is amended to read:

     "17-4-6. HUNTING AND FISHING ON PRIVATE PROPERTY--POSTING--PENALTY.--

          A. Whenever the owner or lessee desires to protect or propagate game birds, animals or fish within [his] the owner's or lessee's enclosure or pasture, [he] the owner or lessee shall publish notices in English and Spanish warning all persons not to hunt or fish within the enclosure or pasture. The notices shall be posted in at least six conspicuous places on the premises and published for three consecutive weeks in a newspaper of general circulation in the county where the premises are situated. In the event a public road enters or crosses the enclosure or pasture, an additional notice shall be posted conspicuously within three hundred yards of the point where each public road enters the posted property.

          B. After the publication and posting, it is a misdemeanor for any person to enter the premises for the purpose of hunting or fishing or to kill or injure any bird, animal or fish within the enclosure or pasture without permission of the owner or lessee.

          C. No person engaged in hunting, fishing, trapping, camping, hiking, sightseeing, the operation of watercraft or any other recreational use shall walk or wade onto private property through non-navigable public water or access public water via private property unless the private property owner or lessee or person in control of private lands has expressly consented in writing."          

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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