N.M. Stat. § 19-7-58
[Rights-of-way; interference with roads or highways.]
The location of any right-of-way through any canyon, pass or defile shall not cause
the disuse of any wagon [road] or other public highway now located therein, nor prevent
the location through the same of any such wagon road or highway, where such road or
highway may be necessary for the public accommodation; and where any change in the
location of such wagon road is necessary to permit the use of such right-of-way or
easement, the user of such right-of-way or easement, shall before entering upon the
ground occupied by such wagon road, cause the same to be reconstructed at his own
expense in the most favorable location, and in as perfect a manner as the original road.