New Mexico Attorney General Raúl Torrez announced on May 7 that the New Mexico Department of Justice has filed an emergency motion for an order to show cause against San Miguel County landowner Erik Briones. The filing alleges ongoing violations of a court-ordered consent decree meant to protect public access to the Pecos River.
The issue is significant because it concerns New Mexicans’ constitutional right to fish and recreate in public waters, regardless of whether those waters cross private land. The State’s action comes after uncovering evidence that Briones has continued to obstruct river access, threaten members of the public, and create dangerous conditions despite a standing court order.
“This is not just noncompliance, it is a blatant disregard for the law, the court’s authority, and the safety of New Mexicans,” said Attorney General Raúl Torrez. “We secured a clear victory to protect the public’s constitutional right to access our rivers. We will not hesitate to return to court to enforce that ruling and hold bad actors accountable.”
The emergency motion details alleged misconduct that violates a March 2024 consent decree prohibiting interference with public access, threats of violence, and physical obstructions along the river. The current enforcement effort follows earlier legal victories by Torrez’s office: In March 2025, a permanent injunction was issued by the Fourth Judicial District Court reaffirming these rights after the New Mexico Supreme Court’s decision in Adobe Whitewater Club v. New Mexico State Game Commission clarified that rivers and streams remain accessible even where they cross private property. Additionally, recent federal appellate rulings have rejected challenges from landowners seeking greater exclusion rights.
Despite these precedents and previous enforcement actions by state authorities, officials allege Briones has resumed unlawful conduct. As chief legal officer for New Mexico,according to the official website, Torrez said his office remains committed: “The court has already spoken, and the law is clear,” he said. “Public waters belong to the people of New Mexico. We will continue to defend that right and take decisive action when it is threatened.”
The Department of Justice continues its efforts across all counties in collaboration with local law enforcement agencies,according to its official website. These efforts aim at fostering trust through community outreach while upholding consumer protection laws and advancing justice through civil litigation.
