New Mexico
New Mexico DOJ pressures the state to crack down on illegal fencing on public waters
NEW MEXICO (KRQE) – It’s been a long-debated topic pinning private landowners against people using New Mexico’s rivers recreationally.
Friday morning, New Mexico’s Department of Justice (DOJ) and two outdoor organizations pressured the state to crack down on illegal fencing on public waters.
“These are extremely dangerous to the public,” said Sherry Barrett with New Mexico Paddlers Coalition.
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Fencing across rivers and streams with hopes of keeping out trespassers on private property interferes with what the state law now deems legal.
“There had been barriers that had been allowed by certain regulation, and the New Mexico Supreme Court said that those regulations were unconstitutional,” said NMDOJ Chief Deputy Attorney General James Grayson.
The NMDOJ, New Mexico Wildlife Federation, and the New Mexico Paddlers Coalition went before legislators during the Water and Natural Resources Committee presenting the status on stream access enforcement.
“The waters belong to the public. The waters of New Mexico, whether they’re perennial or torrential belong to the public, and the public has a right to recreate and to fish on those waters,” said Grayson.
Some legislators asked: how far is too far? At what point do public rights become trespassing on private property?
“This is a balanced approach. The public does have the right to recreate. The public has the right to access those waters, but the public can’t trespass over private land to get to the water, and the public can’t exit the water onto private land,” said Grayson.
The DOJ shared how they reached out to property owners along the popular Pecos and Chama rivers with illegal fencing asking for barriers to be taken down. The next step was to send cease and desist letters.
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“We wanted to work with the landowners to let them know what their rights were and what the public’s rights were. We successfully managed to have a number of barriers removed from the Pecos River,” said Grayson.
In some cases, where owners refused to comply, further legal actions were taken. The state spoke to the severity of the dangers of having fencing along these rivers and streams.
“One of the problems is it’s a barbed wire fence, and these can be very difficult to see on rivers, especially in high flows, and again, these can ensnare people – boaters and anglers – and cause drowning,” said Barrett.
Some legislators wondered how landowners are supposed to exclude or contain livestock from entering or leaving their property without the barriers.
“We have to figure out a way to get these fences, if they’re necessary, to be paddler friendly,” said Barrett.
The discussion went back and forth as legislators fought to clarify what would be “reasonable;” some advocated for private landowners and asked for stricter guidelines on trespassing, and others were in support of the DOJ’s efforts to open the use of waterways to the public.
The New Mexico Paddlers Coalition and other outdoor groups have already volunteered time to install paddler-friendly fencing and hold regular trash cleanups along popular rivers.
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LAS CRUCES, N.M (KFOX14/CBS4) — A gun-tracking program that uses shell casings to connect shootings is already helping investigators link crimes in Doña Ana County, according to new numbers released by the New Mexico Department of Justice.
The effort is part of New Mexico’s Crime Gun Intelligence Center, which uses ballistic evidence such as shell casings to track guns believed to be used in multiple crimes. The program relies on the National Integrated Ballistic Information Network, or NIBIN, a national database that compares ballistic evidence to determine whether shell casings may have come from the same weapon.
In April, New Mexico Attorney General Raúl Torrez described how the technology can connect cases across jurisdictions.
“There may be a shooting that occurs in Deming that’s actually connected to a crime gun that’s recovered in Las Cruces. We may find shell casings in Silver City that are connected to something that happened in T or C,” Torrez said.
Four months into the program, the Department of Justice said 210 bullet casings have been analyzed in Doña Ana County. Those casings helped link 32 incidents to 13 guns.
Jordan Salas reports on New Mexico DOJ data: Shell-casing tracking links shootings in Doña Ana County (Credit: KFOX14)
Statewide, more than 700 casings have been entered into the system, connecting 74 shootings to 31 guns.
One person reacting to the numbers said, “That’s crazy. Honestly, all those shootings all coming from that little amount of weapons is crazy.”
New Mexico officials say the system is designed to help law enforcement share information faster and build cases more efficiently.
Also in April, Doña Ana County Sheriff Kim Stewart pointed to a local case she said the technology helped resolve quickly.
“We resolved a homicide with a suspect arrest in four days. We know that those casings may lead to another 1 or 2 incidents in another city,” Stewart said.
Some residents said the technology alone will not solve gun violence, but they see it as a step forward. One person said, “I mean, growing up, like hearing gunshots in the distance. That wasn’t something crazy. I have stories of, like, friends who’ve gone to parties that had guns go off there. So, yeah, I would say guns are a problem there.”
Another person said, “I would think that it’s a good thing. I’m personally like, just anything to help the gun crimes, you know?”
KFOX14/CBS4 contacted Las Cruces police and the Doña Ana County Sheriff’s Office to ask how the leads are being used in local investigations, but we are awaiting a response.
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- Who: New Mexico Attorney General Raul Torrez brought a lawsuit against Meta Platforms Inc.
- Why: The state claims Meta misrepresented harms to minors and created a public nuisance through its social media platforms.
- Where: The lawsuit is pending in New Mexico state court.
- How to get help: Has social media impacted the mental health of you or your child? You may qualify to join a social media lawsuit against the platform.
New Mexico’s attorney general is asking a state court to order Meta to pay approximately $3.7 billion to address what the state describes as a “public nuisance” caused by the company’s social media platforms.
The request comes after a jury previously found Meta misrepresented the risks its platforms — including Facebook, Instagram and WhatsApp — pose to underage users. The jury also imposed a $375 million penalty in the first phase of the trial.
The case has now moved into a second phase, where the court will determine what additional remedies, if any, Meta must provide.
According to the state, the proposed $3.712 billion abatement plan would fund a 15-year effort to address the alleged harms caused by Meta’s platforms. The plan includes funding for public education, school resources, law enforcement support and mental health services for children affected by issues, such as online bullying and sexual exploitation.
“This request recognizes the scope of the public nuisance that Meta has caused,” counsel for the state argued in court.
The lawsuit alleges Meta concealed or downplayed the extent of harmful activity on its platforms while publicly portraying them as safe for younger users.
Meta disputes liability, challenges proposed abatement plan
Meta denies the allegations and argues there is no legal basis for the sweeping relief requested by the state.
Attorneys for the company contend the proposed abatement plan does not directly address or stop the alleged harmful conduct and instead seeks compensation for downstream effects.
“What no court has ever allowed … is payment for the downstream effects,” Meta’s counsel argued, describing the request as “damages masquerading as something else.”
The court is expected to hear additional testimony during the second phase of the trial before determining whether to approve any form of injunctive relief or financial remedies.
In March, a California jury found Meta and Google liable for mental health harms suffered by plaintiff Kaley G.M., who became addicted to Instagram and YouTube as a child, awarding $6 million in damages, including $3 million in compensatory damages and $3 million in punitive damages.
What do you think about the claims against Meta in this case? Let us know in the comments.
The state is represented by Raul Torrez of the New Mexico Office of the Attorney General and Donald Migliori, Linda Singer, Michael Pendell and David Ackerman of Motley Rice LLC.
The Meta lawsuit is New Mexico v. Meta Platforms Inc., et al., Case No. D-101-CV-2023-02838, in the First Judicial District Court of New Mexico.
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