Some landowners had put up concertina wire and other barriers to keep people from floating or wading in the river. The counts listed in the complaint include depriving the public of access to the Pecos River and public nuisance. In that case, the court said the constitution and pre-statehood law established a right for the public to fish, boat and engage in other forms of recreation in public water. In its 2022 opinion, the court addressed whether the right to recreational access and fishing in public water also allowed the public the right to touch privately owned land below those waters. While finding that walking and wading on the privately owned beds beneath public water was reasonably necessary for fishing or recreational activities, the court also stressed that the public "may neither trespass on privately owned land to access public water, nor trespass on privately owned land from public water.”

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Persons: Raúl Torrez, ” Torrez, Erik Briones, John, ”, Briones, Torrez Organizations: New, Adobe, of New, New Mexico, Coalition, Colorado Supreme Locations: ALBUQUERQUE, N.M, Pecos, New Mexico, Santa Fe, of New Mexico, Chama, Colorado