NARRATIVE

On Monday, July 17, 2023, I, Officer, New Mexico State Parks, was notified that the owner/operator of the Sea Ray Bowrider that had struck a submerged rock in Conchas Lake on June 18, 2023, had passed away. At approximately 3:00 p.m., I called the telephone number listed on the report to verify and follow up on this information.

I spoke with the stepdaughter of the deceased. Relative1 confirmed that Operator had passed away on Thursday, July 13, 2023, following a twelve-day hospital stay. Operator had sustained a fracture to the seventh rib on the left side of his chest. Later, he experienced bruising and water in his lungs, difficulty breathing, and blood clots in his legs. Operator had no serious related health conditions prior to June 18, 2023. Operator was 79 years 11 months old. Relative1 was not aboard the vessel at the time of the incident.

I next spoke by telephone with the two passengers who stated they were aboard the vessel at the time of the incident.  Both witnesses were interviewed together. Subject1 speaks only Spanish. Relative1 translated for me. Subject1 and Subject2 stated the following: Operator was operating the motorboat on the north end of Conchas Lake when it struck a submerged rock. The submerged rock was located in the middle of the lake, about two feet beneath the surface of the water. Upon impact the boat went airborne and the engine cut out. The impact sheared the outdrive off the transom and the boat began flooding.

I asked Relative1 when was the last time Operator had boated on Conchas Lake. She stated the last time Operator had boated on Conchas Lake was in 2022. She added that Operator possessed 40 years of recreational boating experience.

At approximately 3:07 p.m. on July 17, 2023, I called U.S. Army Corps of Engineers Lead Ranger. Ranger responded to the incident on June 18, 2023. Upon arrival he observed the vessel had taken on water. He decided not to tow the flooded vessel back to the boat launch. Ranger towed the flooded vessel approximately 70 yards to a suitable location and beached the vessel. He then transported Operator and two other passengers to the boat launch. Ranger stated that one of the three people aboard the boat spoke only Spanish.

At approximately 8:24 a.m. on July 19, 2023, I called subject3. As indicated in Operator's written statement, Subject3 was on board the vessel during the incident. Subject3 stated that he is the stepson of Operator. Subject3 confirmed that Operator has passed away last week. He stated that on June 18, 2023, he was a passenger aboard Operator's motorboat. Operator was operating the motorboat on the north end of Conchas Lake. The motorboat was traveling at 30–35 knots (about 35–40 m.p.h.) when it struck a submerged rock. The submerged rock was located approximately 40–50 feet from shore and about two feet below the water's surface. Subject3 stated the impact caused Operator to strike the console of the motorboat. Subject3 believes the rock should have been marked with a buoy and he feels the state was negligent in not doing so. He stated Operator last operated his motorboat at Conchas Lake in May 2023.

As verified by aerial imagery collected March 2017, the lakebed surrounding the incident location includes a rock shelf that extends approximately 300–400 feet from the lakeshore. In his written statement, Operator indicated that he was operating his motorboat 40 feet from shore at speeds of 35–40 miles per hour.

This year navigational conditions at Conchas Lake have changed due to stream inflow raising water levels. As verified by U.S. Geological Survey Data, during the period May 1, 2023 to June 18, 2023, the surface elevation of Conchas Lake rose over 13 feet, resulting in new navigational hazards.

CONCLUSION

Based on all statements and available information, operator died on July 13, 2023 as a result of complications of an injury sustained from the operation of a boat on June 18, 2023. He was operating his motorboat on Conchas Lake at speeds of 35–40 m.p.h. when it struck an unmarked navigational hazard located approximately 40 feet offshore.
Conchas Lake
Conchas Dam                   