New Game Commission chairman's ties to landowner raises concerns for recreationists

May 16—The state Game Commission's choice for a new chairman has raised concerns among recreation advocates because he works for a politically active landowner who opposes public access to waterways crossing private lands.

With no discussion, commissioners voted unanimously Thursday to appoint Commissioner Richard Stump as chairman.

Stump serves as hunting director for Dan Perry, an oil and gas attorney who opposes public rights of way that allow people to wade or float on waterways flowing across private properties.

Perry and some other landowners filed a writ with the U.S. Supreme Court to challenge a 2022 decision by New Mexico's high court' allowing such access, but the justices declined to hear it.

Perry also was among those who installed barriers across the portions of the waterways crossing their properties, although he later removed the cable he'd placed across the Rio Chama.

"And now this guy's program manager is in charge of the commission?" said Jesse Deubel, executive director of the New Mexico Wildlife Federation, referring to Stump. "It's a clear conflict of interest."

In a brief bio on the "Meet the Commissioners" webpage, Stump says he's the hunting director at Trout Stalkers Ranch, an establishment Perry owns on the Rio Chama. He describes himself as an avid hunter, angler and conservationist who has worked 40 years as a guide.

Stump said he does unpaid work for Perry, taking his friends and associates staying at the ranch on guided hunting trips; therefore, no conflict of interest exists.

"I am not an employee of his," Stump said in a phone interview. "I never get paid. I guide his hunts as a favor to him because I love to hunt and fish."

Stump said he and Perry have never talked about waterway access, though he is aware Perry has a strong position on it. He insists he doesn't take his cues from Perry or anyone else as a commission chairman.

"I'm not there to represent any person or one entity or one group," Stump said. "I have no agenda except to do a good job for the state and wildlife and habitat."

Waterway access is a thorny issue that has long pitted anglers, kayakers and other recreationists, who believe streams should be unfettered, against property owners who consider those who cross their lands unwelcome intruders, even if they stay in the water.

In 2015, after tensions flared between anglers and property owners, the Legislature passed a no-trespassing law that barred anyone, whether fishing, hunting, boating or sightseeing, from entering private lands on non-navigable waters.

The state Game and Fish Department followed with a rule enabling landowners to certify their waterways were non-navigable, putting them off-limits to recreationists.

In 2022, the state Supreme Court ruled people have a constitutional right to wade in rivers and streams that cross private property as long as they don't set foot on the shores. Owners cannot cut off the watery path.

Many hoped the court's decision would settle the longtime conflict. But some landowners continued to put up water barriers like cables, barbed wire and pipes that not only blocked access to their properties but to adjacent public sites.

Some critics contend Perry has exerted political influence because of his past campaign donations to Democratic Gov. Michelle Lujan Grisham and party affiliates. Perry, his wife and businesses have donated about $55,000 to the governor's campaigns.

Perry has insisted his donations were not intended to give him more political pull in restricting waterway access, and Lujan Grisham has denied the campaign contributions have affected her policy decisions.

The Governor's Office didn't respond to emailed questions on this story.

Recreationists point to the governor dismissing two game commissioners who backed public waterway access as evidence of Perry's sway. Game and Fish officials also are doing no enforcement, they've noted.

Last year, agency Director Michael Sloane told The New Mexican officers were advising property owners about the court ruling but wouldn't order the barriers removed until the agency's enforcement authority is better defined on this matter.

Stump took a similar view as Sloane, noting it's his impression that no real guidelines exist to enforce the court's ruling.

But Attorney General Raúl Torrez believes the law is clear and began cracking down last year on people who refuse to take down the water barriers.

The attorney general filed a complaint last year against Erik Briones and several unnamed violators who erected barriers on the Pecos River. Briones recently agreed in a consent decree to remove his barrier and not install another.

State law enforcement officials also reached an agreement with three additional landowners to promptly take down their impediments on the Pecos, Department of Justice spokeswoman Lauren Rodriguez wrote in an email.

Still, the state has taken no enforcement actions on other waterways, such as the Rio Chama.

Stump, who joined the commission in April, said the legal battles over waterway access predate him. In his mind, the Supreme Court has ruled, making it a done deal, he said.

"I know a lot about hunting and fishing, and hopefully I can be a bridge for everyone to come together here," Stump said.

Deubel said Stump's ties to Perry are strong enough that he should not participate in any decisions related to waterway access on private lands.

"I would hope that he would recuse himself from any votes that the commission would take on these matters," Deubel said.