The air is still and shimmers in the hot sunlight. Little mirages play with your vision as vast pools of cool water vanish as one approaches. This is summer in the Southwest. It is a time to get tasks accomplished early in the morning or late evening when the day has begun to cool.
These are times when a patch of shade is a treasure. A patch of shade with water even more so.
The mountains around Kingston these days have been hot and dry. Monsoon rains have been mainly teasers, a few drops to shimmy the dust about. Those of us who have spent many years wondering about the summer rains, know that 100 yards off may be enjoying a hard cleansing rain, while we stand wiping the sweat from our brows from the pounding sun. We find ourselves contemplating a quick dash covering that short distance to enjoy a few moments of cool pleasure.
We have lost some of our best water holes for summer relief when the Bennetts lockgated Forest Road 40E, excluding the public access to the public waters and deep shade that lie up in the rugged reaches of Middle Percha Creek. Waters and shade that have been enjoyed by residents and visitors for over 100 years. Another story happening at the same time is the excessive fencing across the creek on Kingston’s east side. The landowner there has created nuisance fencing blocking public access to the creek.
The New Mexico Supreme Court handed down a decision on September 1, 2022, on case #S-1-SC-38195, the opinion reading, “We hold that the public has the right to recreate and fish in public waters and that this right includes the privilege to do such acts as are reasonably necessary to effect the enjoyment of such right.” The opinion provided the legal reasoning for a decision announced by the NM Supreme Court in March 2022, that invalidated regulations by the New Mexico State Game Commission permitting property owners to close public access to waters on their land. The court further stated that “the public has the right while recreating and fishing, to touch the privately owned beds below those waters. Walking and wading on the privately owned beds beneath public water is reasonably necessary for the enjoyment of many forms of fishing and recreation. We stress that the public may neither trespass on privately owned land to access public water, nor trespass on privately owned land from public waters.”
Currently the 100 yards of Middle Percha Creek bed which is blocked by 4 separate sections of six-foot high barbwire fencing with upright stays every 15”, no trespassing signs and game cameras is still inaccessible by the public. Sierra County Sheriff Baker has said that this must go to civil court to be resolved. The original landowner explanation that this was to keep cattle off their property is interesting. Cows are not allowed in the Kingston Townsite where this section of creek is located. Besides, studies show that cows either cannot read No Trespassing signs or just disregard them all together.
So, this summer in Kingston has been a bit more challenging to find respite from the heat. Fortunately, there are a few places still to be found in the Gila National Forest to cool off if one knows where to look. I found a beautiful shady section of the creek not blocked by barbwire and where the legal ability to enjoy the riparian shade and water wasn’t punctuated by harassing gunshots. The waters beckoned and I found myself laying on my back, fingers trailing in the cold creek water, listening to the creek babble and Yellow-breasted Chats in full chorus. As I lazily looked up through the River Alders overhead, the wispy clouds paraded across the canyon of open blue sky easing a deep felt sigh of contentment from me.
These areas are precious and by law, are accessible to the public. We must keep working on retaining our rights to public lands. A few entitled land barons need to get out and enjoy the nature they are so fiercely proclaiming absolute rights over. Perhaps a long soak in a cool, shady creek will relax the snarling faces into contented smiles. We can always hope.
Enjoy your summer safely where you can.