NMDOJ

Court Grants New Mexico Department of Justice’s Motion for Contempt Against Public Access to Waters Defiance

The Court ordered Briones to remove and clear obstructions from the river and to allow New Mexicans to lawfully fish and recreate on public waters consistent with the New Mexico Constitution and the New Mexico Supreme Court’s decision in Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission.

Source: N.M. Department of Justice

Las Vegas, NM – The New Mexico Department of Justice announced that the Fourth Judicial District Court granted the State’s Motion for Contempt against Erik Briones for violating a court-ordered consent decree related to public access on the Pecos River.

The Court ordered Briones to remove and clear obstructions from the river and to allow New Mexicans to lawfully fish and recreate on public waters consistent with the New Mexico Constitution and the New Mexico Supreme Court’s decision in Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission.

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“Hard-working New Mexican families, anglers, hunters, and outdoor enthusiasts deserve to enjoy the public waters and lands that belong to all of us, not just the wealthy few who think money and property ownership place them above the law,” said Attorney General Raúl Torrez. “This ruling sends a clear message that private landowners will face consequences if they interfere with access to our rivers and streams. My office will continue fighting to protect the constitutional rights of every New Mexican to safely access and recreate on our public waters.”



The State’s motion detailed repeated violations of the consent decree, including allegations that Briones placed physical obstructions and dangerous hazards in the Pecos River and threatened members of the public attempting to lawfully access the waterway.

The Court’s order requires Briones to take down and remove obstructions interfering with public access and comply with the terms of the March 2024 consent decree. Briones has 10 days to remove any and all obstructions from the river.

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