STATE
Judge orders landowner to clear Pecos River or pay
San Miguel County landowner has 10 days to remove barriers or face escalating daily fines
A 4th Judicial District Court judge has granted New Mexico prosecutors鈥� 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 and threatened New Mexicans鈥� constitutional right to recreate in state waters, outlined in a .
In an emergency hearing in Las Vegas, 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 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 voicemails or texts for comment Thursday.
State Attorney General Ra煤l Torrez celebrated the ruling in a statement, saying, 鈥渉ard-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.鈥�
He added that the ruling 鈥渟ends 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.鈥�
