Attorney General Raúl Torrez Files Emergency Motion to Enforce Pecos River Injunction, Citing New Violations and Public Safety Threats

Santa Fe, NM – New Mexico Attorney General Raúl Torrez today announced that the New Mexico Department of Justice has filed an emergency motion for an order to show cause against a San Miguel County landowner for ongoing violations of a court-ordered consent decree protecting public access to the Pecos River.

The motion comes after the State uncovered new and alarming evidence that the defendant, Erik Briones, has continued to obstruct access to the river, threaten members of the public, and create dangerous conditions in direct violation of 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 outlines a pattern of continued misconduct, including:

• Ongoing threats of violence against individuals lawfully accessing the Pecos River, including reported death threats and the brandishing of a firearm;
• The use of heavy equipment to alter the riverbed, including trenching that creates dangerous underwater drop-offs;
• The placement of barbed wire and other obstructions designed to restrict access and funnel river users into hazardous areas.

These actions directly violate the March 2024 consent decree, which permanently prohibits interference with public access, threats of violence, and physical obstructions along the river.

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Today’s filing builds on Attorney General Torrez’s earlier legal victory announced in March 2025, when the Fourth Judicial District Court issued a permanent injunction reaffirming New Mexicans’ constitutional right to fish and recreate in public waters. That ruling followed the New Mexico Supreme Court’s landmark decision in Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission, which made clear that rivers and streams in New Mexico remain accessible to the public, even where they cross private land.

More recently, the State also prevailed before the United States Court of Appeals for the Tenth Circuit, which rejected a challenge brought by landowners claiming that the Adobe Whitewater decision amounted to an unconstitutional taking of private property. The ruling further reinforced that New Mexico law does not grant private landowners the right to exclude the public from accessing public waters and streambeds as necessary for lawful recreation.

Despite that clear legal precedent, and prior enforcement action by the State, the motion alleges the defendant has willfully resumed unlawful conduct, forcing the State to seek further court intervention.

The State is asking the court to:

• Hold the defendant in contempt of court;
• Impose escalating daily fines for continued noncompliance;
• Order the immediate removal of hazardous obstructions in the river; and
• Consider additional sanctions, including incarceration, if necessary to protect public safety and ensure compliance.

“The court has already spoken, and the law is clear,” said Attorney General Torrez. “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 New Mexico Department of Justice remains committed to safeguarding public access to the state’s waterways and ensuring that all individuals, regardless of status or location, are able to safely enjoy New Mexico’s natural resources.

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