Raúl Torrez Attorney General at New Mexico | Twitter Website
Raúl Torrez Attorney General at New Mexico | Twitter Website
New Mexico Attorney General Raúl Torrez has expanded a lawsuit to include Pecos property owners Richard and Jean Jenkins, while also filing a contempt motion against Erik Briones for violating a consent decree with the New Mexico Department of Justice (NMDOJ).
The NMDOJ had previously met with Jenkins and Briones, providing an overview of case law affirming the public’s right to access public streams. The landowners were informed of their legal obligation to remove obstructions and misleading signs that falsely claimed restricted access. Despite these efforts, the landowners have continued to obstruct access to the Pecos River.
“Today’s legal action underscores our unwavering commitment to safeguarding the public’s right to access New Mexico’s streams and waterways,” said Attorney General Torrez. “Despite our attempts to educate and inform the defendants, they have chosen to ignore the law and continue obstructing public access to the Pecos River. Mr. Briones, who previously agreed to a consent decree, is now flagrantly violating that agreement, leading us to seek a contempt order against him. By filing this amended lawsuit, we are sending a clear message: We will not tolerate violations of the law, and we will continue to fight for the rights of all New Mexicans to enjoy their natural resources.”
“The New Mexico Wildlife Federation deeply appreciates the commitment of Attorney General Raúl Torrez and his staff,” said Jesse Deubel, executive director of NMWF. “The AG’s bold work on this important issue stands in stark contrast to the inaction and outright opposition shown by other elements of state government.”
“We applaud that the Attorney General is enforcing the NM Supreme Court’s 2022 unanimous decision that privatizing NM streams and rivers is unconstitutional,” said Norm Gaume from New Mexico Paddlers Coalition Stream Access Chair.
Scott Carpenter, President of Adobe Whitewater Club of New Mexico added, “Thank you, AG Raul Torrez, for enforcing the public’s constitutional right of public access.”
The NMDOJ will continue investigating other property owners violating this constitutional right. Complaints can be filed at https://nmdoj.gov/get-help/.
Attached documents include:
- State v. Jenkins Complaint
- State v Jenkins Motion for Preliminary Injunction
- State's Motion for Order to Show Cause
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