A photo of the fence on Erik Briones property that stretches across the Pecos River submitted by attorneys for the state of New Mexico in the recent escalation of lawsuits against landowners blocking public access to rivers. (Courtesy photo New Mexico Department of Justice)
A state district judge issued an order Thursday permanently barring landowners on the Pecos from building fences or posting signs that would stop citizens from recreating in streams.
Fourth District Judge Michael Aragon, based in Las Vegas, ruled that Terrero landowners illegally put up “No Trespassing” signs and fencing across the Pecos river, and “knowingly violated” New Mexican’s constitutional right to access streams.
A 2022 ruling from the New Mexico Supreme Court found the public has the constitutional right to access streams for paddling, fishing and wading, including the right to walk on privately owned land beneath waters. Any use of the beds and banks must have minimal impact, according to the court.
In August 2024, the New Mexico Department of Justice sued several land owners for maintaining fencing and alleged they threatened people recreating in the stream.
In October, the state named Richand and Jean Jenkins in the lawsuit. In a March hearing, Jenkins’ attorney Mark Ish told the court that the Jenkins had removed the fence and requested the judge disregard the request for a permanent order to bar them from doing so again.
Aragon disagreed, writing, “Though the Jenkins removed the fence and improper signage after this action was filed, there remains a live cause or controversy between the parties.”
The order permanently bans Richard and Jean Jenkings from erecting fencing to interfere with stream access; posting signs suggesting that river access or touching the banks is trespassing; or using coercion.
The order allows fencing for livestock, but said it must not interfere with floating or wading.The Jenkins agreed not to appeal the order and both parties will pay their own attorney fees, according to the order.
In a written statement Attorney General Raúl Torrez called Thursday’s ruling a win for the people of New Mexico.
“This decision reflects our unwavering commitment to enforcing the law, protecting our communities, and ensuring public access to our natural resources,” Torrez said. “We will continue to fight for justice and stand up for New Mexicans’ rights to enjoy our state’s natural beauty.”
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