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The New Mexico Supreme Court determined Tuesday that a rule allowing private landowners to limit public access to streams and rivers is unconstitutional and contrary to state statute.

The court announced its decision after hearing oral arguments in a case that centered on whether the public has a right to fish or float on streams and other waterways that flow through private property.

While the debate over stream access has been going on across the West for years, the New Mexico court added some clarity about the constitutional rights of the public to recreate on waterways with its ruling on a petition filed by a coalition of anglers, rafters and conservationists.

The group argued that the public has the constitutional right to fish, boat or use any stream for recreation so long as they do not trespass across private land to get there. In court filings, the group pointed to similar conclusions reached over the years by courts in Montana, Oregon and Utah.

The New Mexico Game Commission, which oversees wildlife conservation and hunting and fishing regulations, voted last August against several landowners who sought to restrict access to streams and rivers crossing their property. An attorney for the property owners said after the decision that his clients’ rights were being violated.

Jeremy Harrison, an attorney for the landowners, argued Monday that the anglers and boaters were seeking a broad interpretation of recreational use and that the rule established by the Game Commission was meant to clarify the ownership of the land underlying the stream or river segment in question.

As part of its decision, the court said previous certificates granted to landowners by the commission would be voided, meaning the public would be able to float or fish those segments of river that had been made off limits as a result.

Advocates of private property rights have warned that if waterways are opened up, property values will decline and there will be less interest by owners to invest in conserving tracts of land along streams. Some fishing outfitters and guides have said their businesses will be adversely affected.

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