New Mexico Attorney General Raúl Torrez announced a significant legal victory with a favorable ruling from the 4th Judicial District Court. The ruling includes imposing a permanent injunction prohibiting the landowners who fought the case from:
- Erecting fences or other obstructions that interfere with established public fishing and recreation rights on the Pecos River that the New Mexico Supreme Court most recently addressed in its 2022 in the Adobe Whitewater decision;
- Posting signs suggesting that public access to the river is trespassing or otherwise unlawful, including contact with the streambed or banks as necessary for recreation;
- Interfering with or coercing the public to prevent lawful access.
“Today’s ruling is a win for the people of New Mexico,” said Attorney General Raúl Torrez. “This decision reflects our unwavering commitment to enforcing the law, protecting our communities, and ensuring public access to our natural resources. We will continue to fight for justice and stand up for New Mexicans’ rights to enjoy our state’s natural beauty”
The ruling supports New Mexico’s longstanding constitutional protection of public waters, and NMDOJ will continue to closely guard the public’s right of access to these cherished waterways. The court found that the landowners in the case continued knowingly blocking access to the Pecos River despite repeated warnings that they needed to comply with the New Mexico Supreme Court’s decision in Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission, 2022-NMSC-020, which reaffirms the constitutional protection of public access to rivers and streams.
The landowners waited until after NMDOJ filed suit to remove the fence they had blocking the Pecos River and signs with false threats of legal action against people who exercise their right of access. The injunction prohibits future violations.
Original source can be found here.