New Mexico state prosecutors are seeking a judge to fine and possibly even jail a San Miguel County landowner on the Pecos River alleging he repeatedly threatened fishermen with a shotgun and has created “barriers” and “traps” in the river.
In an emergency motion filed Wednesday, the New Mexico Department of Justice alleged Erik Briones, a Terrero resident, violated a March 2025 court order and threatened waders’ and fishermen’s constitutional right to recreate in the Pecos River. Briones was one among several land owners ordered to remove fencing and “no trespassing” signs.
A 2022 ruling from the New Mexico Supreme Court found the public has the constitutional right to access streams for paddling, fishing and wading, including the right to walk on privately owned land beneath waters. Any use of the beds and banks must have minimal impact, according to the court.
Now, state prosecutor said new evidence shows Briones used heavy equipment in March to dig holes in the riverbed under the water line, which “deepens the river to between six and ten feet, making it difficult or impossible to safely wade across,” the emergency motion states.
Additionally, the motion shows pictures of barbed wire along the bank and riverbed, which the motion said “funnels” waders to the deeper portions of the river.
When reached by phone Thursday, Briones told Source NM “I really have no comment,” and declined to say if he had an attorney.
“This is not just noncompliance, it is a blatant disregard for the law, the court’s authority, and the safety of New Mexicans,” Attorney General Raúl Torrez said in a statement Thursday. “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 requested a 4th Judicial District Court judge hold a hearing to find Briones in contempt. State prosecutors requested a fine of $1,000 per day for non-compliance, and escalate that to $5,000 per day fines if it continues, in addition to paying to put the river into its original state.
State prosecutors also asked a judge to consider jailing Briones in San Miguel County if he does not remove the physical hazards within 14 days.
