[Awclist] Email to Representatives in Opposition to House Bill 235

Wed Mar 4 09:01:45 MST 2015

Hi Mike,

Thanks again for taking a lead role on this!

As a follow up to our conversation:
1. ACA - you already have a copy of the letter from the ACA
2. Adobe Whitewater Club - formally opposes HB235, voted by the board.  Given my name is already on the ACA letter, I am seeing if another board member will write a formal letter and sign it on behalf of the club.  However, you are able to say the club formally opposes.  

The Adobe Whitewater Club of New Mexico is a 285 member non-profit
corporation chartered in New Mexico.
Over 750 individuals throughout the state regularly look to us to be a source of information.  The purposes of the Club are to promote river sports in New Mexico
and elsewhere, to develop skills in river running, to support the preservation,
protection, and improvement of rivers and river environments, to encourage the
safe usage of our rivers by all and to work for the continued availability of
rivers for recreational uses.

Mike, Steve, and Steve - I think it would be great if we made an update on this topic the subject of our March monthly meeting for the Adobe Whitewater Club. It is to be next Tuesday March 10, 6:30pm at El Norteno.  We will have a screen and projector.  Would someone be able and willing to come to give an update along with specifics on how people can get involved going forward? I know some notable things have already occurred and I think it would be helpful to update everyone. Please let us know so we can plan accordingly and start publicizing.  Kind regards,Christine Mollo 

Date: Tue, 3 Mar 2015 07:13:39 -0700
Subject: Fwd: Email to Representatives in Opposition to House Bill 235
From: mhayes at quietwaterspaddling.com
To: steve.harris39 at gmail.com; joanneallen789 at gmail.com; sverchinski at yahoo.com; attila_bality at nps.gov; steve4444 at mindspring.com; allysonsiwik at gmail.com; tschulke at biologicaldiversity.org; dutch at high-lonesomebooks.com; awclist at swcp.com; noah at loeguides.com; riverne at newmexico.com; flyfishwithjs at hotmail.com; rsouthwick at shamanproducts.com; bjdeshler at gmail.com; blacklizzy66 at yahoo.com; janiebabq7 at yahoo.com; kelly at newmexicokayakinstruction.com; eaj at aguilarlaw.com; adrian at lawoftheriver.com; john at kokopelliraft.com; nathan at americanwhitewater.org; dbrown at americaoutdoors.org; sonorajo at hotmail.com

Hello all - I emailed the following to my rep yesterday afternoon, and copied every other rep in the state. HB 235 (substitute) was not heard last night, but may be when the house reconvenes at 10:30 this morning. Please feel free to copy and paste and send along to your representatives. There's still time to kill the house version on the floor.

I've also attached a letter in opposition from the American Canoe Association (from which the following is restated slightly). I'm hoping to see formal opposition from American Whitewater, America Outdoors, Adobe Whitewater and others soon.

Best,
---------- Forwarded message ----------
From: Michael Hayes <mhayes at quietwaterspaddling.com>
Date: Mon, Mar 2, 2015 at 3:23 PM
Subject: Opposition to House Bill 235
To: james.madalena at nmlegis.gov
Cc: roddmontoya at gmail.com, jamesstrickler at msn.com, paul at paulbandy.org, sharon.clahchischill at nmlegis.gov, dwonda.johnson at nmlegis.gov, eliseo.alcon at nmlegis.gov, kelly.fajardo at nmlegis.gov, alonzo.baldonado at nmlegis.gov, patricia.lundstrom at nmlegis.gov, andres.romero at nmlegis.gov, javier.martinez at nmlegis.gov, patricio.ruiloba at nmlegis.gov, pat.roybalcaballero at nmlegis.gov, miguel.garcia at nmlegis.gov, sarah.maestasbarnes at nmlegis.gov, antonio.maestas at nmlegis.gov, deborah.armstrong at nmlegis.gov, gail at gailchasey.com, sheryl.stapleton at nmlegis.gov, jim.dines at nmlegis.gov, stephanie.maez at nmlegis.gov, jim at jimsmithnm.com, paul.pacheco at nmlegis.gov, conradjamesforhd24 at gmail.com, Christine Trujillo <christine.trujillo at nmlegis.gov>, georgene.louis at nmlegis.gov, larry at larranaga.com, jimmie.hall at nmlegis.gov, david.adkins at nmlegis.gov, Nate Gentry <natefornm at gmail.com>, bill.rehm at nmlegis.gov, donagale at zianet.com, bill.mccamley at nmlegis.gov, bealquin.gomez at nmlegis.gov, jeff.steinborn at nmlegis.gov, annunez at zianet.com, Terry McMillan <docmcmillan at gmail.com>, tavish38 at gmail.com, jzimmer_43 at msn.com, debbie.rodella at nmlegis.gov, roberto.gonzales at nmlegis.gov, stephanie.garciarichard at nmlegis.gov, jpandp at comcast.net, jimtrujillo at msn.com, carl.trujillo at nmlegis.gov, "Egolf, Brian" <brian.egolf at nmlegis.gov>, lucky4st at msn.com, trippsdon at netscape.net, matthew.mcqueen at nmlegis.gov, yherrell at yahoo.com, doreen.gallegos at nmlegis.gov, rick.little at nmlegis.gov, james.townsend at nmlegis.gov, cath at cathrynnbrown.com, zachary.cook at nmlegis.gov, JasonHarperNM at gmail.com, csecows at aol.com, noralee at cableone.net, lewisfornm at gmail.com, david.rsi at hotmail.com, larry.scott at nmlegis.gov, george.dodgejr at nmlegis.gov, randal.crowder at nmlegis.gov, bobwooley66 at gmail.com, denroch at hotmail.com, monica at mynmstaterep.com, ken.martinez at nmlegis.gov, tomas.salazar at nmlegis.gov

Representative
Madalena:NM House
Bill 235, which is to be considered and voted on today in the house,
represents a major and unwarranted privatization of a public
resource, the waters of New Mexico.
Upon
passage, by restricting the public’s access to stream beds, and
consequentially, access to the public waters that occupy these stream
beds, a constituency of outdoor recreation enthusiasts, sportsmen,
and conservationists will have their right to this public domain
retracted, and this both threatens New Mexico’s outdoor industry, a
$6.1 billion industry* that at least 65% of New Mexico residents
participate in yearly, and contradicts at least nine
constitutional issues that were addressed in the 1945 NM Supreme
Court Decision State Game Commission Vs. Red River Valley Co.
(1945-Nmsc-034, 51 N.M. 207, 182 P.2d 421) as follows:
New
	Mexico is a prior appropriation state, and from the time the
	territory was settled has never recognized riparian rights.

All
	the waters of the state are public waters, and are subject to
	appropriation by the public for beneficial use until such time as
	they are appropriated for a specific public or private use.

	Beneficial
	use clearly includes recreational use, and primary among
	recreational uses is the right of fishing.

	The
	waters flowing in a stream cannot be appropriated for private use,
	only the right to take a given quantity of water, for a specified
	purpose.

	Any
	and all navigation tests are immaterial in determining the public's
	right to use any of the waters of the state, as all waters are
	declared by the constitution to be public waters until they are
	appropriated for a specific private or public use.

	No
	government agency can be charged with appropriating to the public
	property that already belongs to the public.

	The
	public's right of beneficial use specifically includes use of the
	riverbanks (above the waterline) of public waters flowing through
	private properties; use of the riverbed (below the waterline)
	necessarily follows, and must be reasonably assumed.

	Public
	property cannot be converted to private property by the simple act
	of enclosure or by posting notices.

	New
	Mexico's constitution prohibits the extension of special rights and
	privileges to any person or corporation.

It is
for all of these reasons that I urge you to vote “no” on this
legislation today.

*Outdoor
Industry Association, 2012 Outdoor Recreation Economy Report

Respectfully,
-- 
Michael Hayes
Quiet Waters Paddling Adventures
Eostre Enterprises, Inc.
105 D Pleasant View Drive
Bernalillo, NM 87004

ABQ Metro: 505.771.1234
Toll Free: 877.45-FLOAT

www.quietwaterspaddling.com
mhayes at quietwaterspaddling.com

-- 
Michael Hayes
Quiet Waters Paddling Adventures
Eostre Enterprises, Inc.
105 D Pleasant View Drive
Bernalillo, NM 87004

ABQ Metro: 505.771.1234
Toll Free: 877.45-FLOAT

www.quietwaterspaddling.com
mhayes at quietwaterspaddling.com

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