Dang, I can’t find it now, but was reading on one of these open-range stories, that a landowner in NM fenced his property to keep out the free-range cattle; in one place on his land, the fence had to go down a steep ravine; the ravine filled with water a couple f times a year, and the fence kept getting washed out.
So much for property rights, and maintaining them.
In this case, the landowner either needs to buy (or sell) the land at issue (or change the water flow - all sorts of gov't intervention at issue wid dat.).