Josh Carney Board Member | New Mexico Wildlife Federation
A federal judge has dismissed a lawsuit filed by New Mexico landowners challenging the public's right to access rivers and streams that pass through private lands. The decision from U.S. District Judge Kea W. Riggs was announced on January 16, 2025. The landowners, located in Rio Arriba and San Miguel County, sought to block New Mexico's attorney general, members of the state game commission, and the director of the New Mexico Department of Game and Fish from enabling public access to waters on their properties.
The landowners, represented by the Pacific States Legal Foundation, argued that a 2022 ruling by the New Mexico Supreme Court, which allowed public access to these waters, infringed on their rights. They claimed that this access violated their constitutional right to exclude the public from their private property and to receive compensation for government use of their lands.
Judge Riggs dismissed their lawsuit, stating, “Absent constitutional amendment or the New Mexico Supreme Court reversing its position, landowners remain powerless to remove members of the public from their streambeds with or without executive enforcement, and therefore, their injury will remain.”
The case defended by New Mexico Attorney General Raul Torrez was seen as affirming the public's constitutional rights regarding state waters. Torrez stated, “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.” He praised the legal team for their work, noting the win underscores New Mexicans' fundamental rights under the state's constitution.
The New Mexico Supreme Court had confirmed the public's entitlement to use of waterways that cross private properties, stressing no trespass should occur on adjacent private lands. Their ruling in 2022 reiterated a 1945 decision, emphasizing that New Mexico's state constitution declares all waters public. The court's opinion detailed that rights to these waters trace back through historical governance transitions in the region, indicating that no landowner has ever had the rights to exclude the public from these waters.
The New Mexico Wildlife Federation, along with the Adobe Whitewater Club and the New Mexico Chapter of Backcountry Hunters & Anglers, originally contested a 2017 regulation that allowed landowners to restrict stream access. Their successful challenge led to the 2022 ruling supporting public access.
Jesse Deubel, executive director of the New Mexico Wildlife Federation, appreciated the attorney general's stance, stating, “All New Mexico residents enjoy the right to fish, boat and recreate on the rivers and streams in our state. This priceless right that comes down to us through the history of New Mexico. It’s a right that we must all fight to preserve.”
