A 4th Judicial District Court judge on Wednesday granted New Mexico prosecutors’ request and ordered a San Miguel County landowner to remove barriers and restore the Pecos riverbed within the next 10 days or face fines.
In an emergency motion last week, the New Mexico Department of Justice alleged that Erik Briones, a Terrero resident, had set up fencing and used heavy machinery to create hazards in the Pecos River, in addition to repeatedly threatening fishermen. Attorneys argued his actions violated a March 2025 court order and threatened New Mexicans’ constitutional right to recreate in state waters, outlined in a 2022 state Supreme Court ruling.
In an emergency hearing in Las Vegas Wednesday afternoon, Judge Flora Gallegos ordered Briones from the bench to remove the hazards and restore the riverbanks within 10 days.
If Briones does not comply, he will incur a $1,000 fine per day for one week, escalating to a second $5,000 fine, according to Mark Baker, a private attorney contracted by the NMDOJ as a special assistant attorney general in the case. Baker told Source NM on Thursday that means Briones has until May 23 to remove the barriers, or face the fines.
Briones, who does not have an attorney listed in the case representing him, did not immediately return Source NM voicemails or texts for comment Thursday.
New Mexico Attorney General Raúl Torrez celebrated the ruling in a statement, saying, “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.”
He added that the 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.”
