Tenth Circuit Upholds New Mexico Public Water Access; Landowners’ Appeal Rejected

POLICY WIRE — Denver, USA — A federal appeals court has recently affirmed the stance of the New Mexico attorney general regarding public access to state waters.

The U.S. Court of Appeals for the Tenth Circuit decisively supported the position of the New Mexico Department of Justice (NMDOJ), asserting that residents of New Mexico possess an inherent constitutional right to utilize and enjoy the state’s public waterways.

This significant ruling emerged from an appeal, following a prior judgment by a federal judge in Albuquerque who initially found in favor of the NMDOJ. Private landowners subsequently challenged that decision, leading the case to the Tenth Circuit, which issued its verdict on Tuesday. The Tenth Circuit’s recent decision underscores the critical role appellate courts play in defining constitutional interpretations and regulatory boundaries. For another perspective on judicial review concerning regulatory authority, consider how the Supreme Court Scrutinizes FCC Regulatory Power in a Data Privacy Fine Case.

Implications for Public Waterways Access

“Today’s ruling effectively dismissed that appeal, unequivocally recognizing that federal courts will not interfere with the state’s constitutional authority,” the NMDOJ declared in a statement. This judgment solidifies protections for public recreation and access.

As a direct consequence of this appeal being denied, private landowners in New Mexico are now prohibited from:

• Constructing fences or any other barriers that hinder established rights for public fishing and recreational activities, particularly along the Pecos River.
• Erecting signs that misleadingly suggest public entry to rivers constitutes trespassing or is otherwise unlawful. This includes necessary contact with the streambed or banks for recreational purposes.
• Interfering with or coercing members of the public to impede their lawful access to these areas.

This landmark decision builds upon established legal frameworks. The New Mexico Supreme Court previously addressed similar matters in its influential 2022 Adobe Whitewater decision, further solidifying the state’s commitment to public water rights. Such significant court rulings, which often define the boundaries of public access versus private ownership, echo similar legal challenges seen elsewhere, like when a German Court Upheld a North Sea Gas Project Against Environmental Challenges.

Furthermore, landowners are mandated to adhere to specific guidelines issued by the NMDOJ concerning the construction of fencing, particularly when managing livestock near public water sources.