Jan. 16—A federal court has sided with the state of New Mexico in a conflict over stream access that pitted landowners, water recreation enthusiasts and state regulators against one another.
U.S. District Judge Kea Riggs on Thursday dismissed a complaint filed by five landowners in San Miguel and Rio Arriba counties who alleged that the state was violating their rights by preventing them from removing trespassers from their property.
“We are disappointed in the outcome and will be conferring with our clients about the next steps in the coming days,” wrote Pacific Legal Foundation attorney Christoper Kieser, who is representing the landowners, who own properties along the Pecos River and Rio Tusas.
The complaint was filed in June, less than a year after Attorney General Raúl Torrez filed his own complaint against property owners who, he said, had blocked public access to the Pecos River. Some of the barriers included “no trespassing” signs and fences made of PVC pipe and wire.
“The court’s ruling sends a clear message: individuals attempting to restrict public recreation in these waters are wrong on the law—both at the state and federal level,” said Attorney General Raúl Torrez in a statement. “This outcome underscores the strength of our state’s constitution and the fundamental rights it guarantees to every New Mexican. We commend our exceptional legal team for their diligent and efficient work in defending these rights and ensuring that the law is upheld.”
The conflict has been brewing since a 2022 state Supreme Court decision affirmed the right of New Mexicans to access non-navigable waterways, even if someone owns the riverbed underneath them. Although the decision was celebrated by fans of outdoor recreation, it was unpopular with some landowners who complained people were trashing the waterways abutting their properties.
In August, Torrez moved to hold one owner in contempt of court for allegedly failing to remove those barriers. That state court case is ongoing.