Jan 20, 2025
NEW MEXICO (KRQE) – In the ongoing battle between landowners and the state of New Mexico over stream access, the federal court has made its decision – three years after a supreme court ruling made all waterways accessible in the state. A group of landowners challenged the Supreme Court ruling, which says the public has a right to access waterways, even on private lands. However, the federal court dismissed the lawsuit, ruling in favor of the state. In June 2024, five New Mexico property owners claimed that their rights were being violated and filed a federal lawsuit against the Attorney General, members of the State Game Commission, and the Department of Game and Fish. They argued that allowing public access to waterways prevents them from keeping trespassers out of ones that run through their privately owned land. Story continues below National: WATCH LIVE: Trump to be sworn in as 47th president Weather: Coldest temperatures in years move into New Mexico Crime: APD: Man racks up charges after ramming police vehicle "All we're asking for is a court order that prohibits these entities from stopping our clients from enforcing their traditional rights to exclude that they always had,” said Christopher Kieser of Pacific Legal Foundation in June 2024. The San Miguel County and Rio Arriba County landowners challenged the 2022 Supreme Court ruling that said all of the state’s waterways, even those running through privately owned properties, are within the public’s right to walk and wade through. "Just because you are privileged enough to be able to own property along the river doesn't mean you own the river. That is a public resource and a natural resource,” said Raúl Torrez, Attorney General of New Mexico, in August 2024. The federal ruling said, "Even if the court were to grant this relief against state officials and the officials were to cease its enforcement, the public would still have a right to access privately owned stream beds.” And that's based on New Mexico law. It goes on to explain that landowners would still not get the compensation they want or have the legal grounds to restrict the public's access. Attorney General Raúl Torrez responded to the ruling in a statement, saying, "I am proud to announce a decisive victory in federal court, affirming the public's constitutional right to access and enjoy our state's public waters." Going on to say, in part, "This outcome underscores the strength of our state's constitution and the fundamental rights it guarantees to every New Mexican." The landowner’s attorney, Christopher Keiser, said in his own statement, "We're disappointed in the outcome, and we're going to consider our next steps with the clients in the coming days."
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