UPDATE: January 7, 2011

The Border Patrol and National Park Service have announced the tentative reopening of the border at Boquillas in Big Bend. Read the story here. Certainly this is good news and we are hopeful this portends a change in BP policy with respect to river runners' being allowed to camp and hike on the Mexican side of the Rio Grande. Cross your fingers and stay tuned....

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August 24, 2010
Dear Fellow paddlers,

We are writing to advise of a serious threat to our ability to float the canyons of the Big Bend and the Rio Grande Wild and Scenic River.

The US Border Patrol has recently determined that river trips going down the river will not be permitted to stop on the Mexican side of the river. On its surface this seems reasonable enough, but any of you who have floated the Canyons of the Rio Grande are aware that it is virtually impossible to navigate the river without crossing into Mexico and it is often necessary to portage, stop and camp on the Mexican side. The Border Patrol cites the "Western Hemisphere Initiative" which states that all persons traveling out of the country must enter back in through a legal point of entry. Again this is impossible to do after traveling downstream unless you schedule your take-out for Del Rio.

Our position is that a person navigating downstream has not traveled out of the US and so does not have to go through the re-entry process. The fact that they have a permit showing they are launching and taking out on the US side clearly demonstrates that the intent is to “navigate downstream”. Boating on the Rio Grande has always occurred under the premise that this is an accepted and legitimate activity.  This is supported by Article VII of the treaty of Guadalupe Hidalgo of 1848 which states that the Rio Grande “…shall be free and common to the vessels and citizens of both countries…” for the purposes of navigation.

This segment of the Rio Grande was designated a Wild and Scenic River by the United States, and a National Natural Monument by the Republic of Mexico demonstrating that recreation on this portion of the Rio Grande is recognized as a legitimate use by both nations. 

The Texas Rivers Protection Association is committed not only to protecting our right to navigate and enjoy this wonderful river, but to assure that we can do it legitimately. TRPA is currently formulating a stand on this important issue and we will keep members informed of actions planned.

If you call Big Bend National Park HQ (432)477-2251, Option 2; or walk into Panther Junction HQ, ask the ranger on duty “what are the current regulations pertaining to river trips and camping/hiking on the Mexico side of river”. The ranger will essentially tell you this:

• No passport or Customs Declaration forms are required now.
• No camping, no hiking on Mexico side of river. No stopping on Mexico side of river for any prolonged period of time.
• Brief and necessary scouting on Mexico side of river is allowed in order to maintain safety. Otherwise, stopping on the Mexico side of river may only be allowed in emergency situations.

Do not accept this as a current de facto regulation, but please be courteous. Ask to see these regulations in the CFR (Code of Federal Regulations) or the Superintendent’s Compendium. They do not exist in the CFR or the SC at this time. Actually, these are rules recently proposed by Border Patrol for NPS to codify and due process for these to become official has not occurred. The Border Patrol, in fact, has no direct jurisdiction to dictate rules for boaters’ camping or hiking on the Mexico side of the river. This is not a “done deal” and TRPA intends to pursue the issue in the interest of all boaters.

The treaty can be found at the International Boundary and Water Commission: www.ibwc.gov . The pertinent info is under Article VII of the treaty of G. Hidalgo:

ART. VII. The river Gila, and the part of the Rio Bravo del Norte, lying between the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two Republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries, and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same, or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments.

To show your support please join and donate to Texas Rivers Protection Association at http://www.txrivers.org/paypal/donate_on-line.html.

Enjoy your trip and please let us know about your experience.     
Sincerely,

Texas Rivers Board of Directors
www.txrivers.org