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I talked to a lawyer... $2k is the minimum to do pretty much anything. That's >10% of my yearly earnings, so not trivial to me.
Once I talk to the owner of the development, I should have a better idea about how to proceed. Seems like he should be the one to bring the suit... or at least I should give him an opportunity to do it. He also probably has experience with this sort of thing. Hopefully the person in the trailer isn't a friend of his...
The common land is on both sides... the creek is in the middle of that 5 acre rectangle.
I was on the north side when I got run off that time. It's been too long ago to recall what the man told me about the common land. But there was a small road (track) on the south side that I used after that without a problem. There were no signs and the road went nowhere but was a good parking spot. The road was just a few yards from the edge of the gorge.
Yep, there is a road along the south side of the river through tract 1. It goes to the Fort Stanton BLM which is east of Vista Rio Bonito. There are gates on both sides with no-trespassing signs, but the access from the west side is the easiest.
I don't know who ran you off before, but this particular person in the trailer appeared just a few months ago. He told a friend of mine that he'd purchased his lot about a year ago.
If I read the NM water laws correctly, it looks like our policy is about the same as MT's... waterways are legally open to the public up to the high water mark. I'd love to see people exercising their legal right to visit the Falls by accessing via the bridge on the west side or the BLM land to the east... but of course getting yelled at and getting a ticket is plenty of deterrent for most people.
I thought I mentioned in my earlier post that it was a representative (realtor?) of the developer. He gave me his business card at the time, with a Ruidoso address on it, but I've long ago forgotten what was specifically on the card. He was courteous and not pushy but made it clear that the access over that south side land was verboten, even though not posted or fenced at that time.
I don't believe NM water rights are like that at all. I used to belong to a fishing club that had a lease along the Penasco and it was private on both sides. The water may be owned by others but not till it leaves the property.
I thought He was courteous and not pushy but made it clear that the access over that south side land was verboten...
Whoops...that should read NORTH SIDE land. He "implied" the south side was not within the development, and I therefore continued to access the arroyo from that road on the south side.
I don't believe NM water rights are like that at all. I used to belong to a fishing club that had a lease along the Penasco and it was private on both sides. The water may be owned by others but not till it leaves the property.
Not sure what you are referring to or what you are trying to say. Care to clarify?
Whoops...that should read NORTH SIDE land. He "implied" the south side was not within the development, and I therefore continued to access the arroyo from that road on the south side.
Sure looks like both sides are in the development. The Tract 1 is part of the original division so maybe that is what he meant.
Not sure what you are referring to or what you are trying to say. Care to clarify?
Quote:
Originally Posted by rruff
If I read the NM water laws correctly, it looks like our policy is about the same as MT's... waterways are legally open to the public up to the high water mark. I'd love to see people exercising their legal right to visit the Falls by accessing via the bridge on the west side or the BLM land to the east... but of course getting yelled at and getting a ticket is plenty of deterrent for most people.
Quote:
Originally Posted by TKO
I don't believe NM water rights are like that at all. I used to belong to a fishing club that had a lease along the Penasco and it was private on both sides. The water may be owned by others but not till it leaves the property.
I don't believe NM water rights allow public access to waterways. I can thin of other examples where that's not the case in addition to the one I mentioned where we had to purchase access to a stream. If the stream runs through private property you don't necessarily have access to it, high water mark aside.
I can tell you one thing , if somebody tried that kind of crap down here , he probably wouldn't have an RV to come home to .
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