New Mexico Attorney General Raúl Torrez has expanded a lawsuit to include Pecos property owners Richard and Jean Jenkins. Additionally, a contempt motion has been filed against Erik Briones for violating a consent decree agreed upon in March 2024.
The New Mexico Department of Justice (NMDOJ) had previously met with the landowners, providing an overview of case law affirming the public's right to access public streams and outlining their legal obligations to remove obstructions and misleading signs. Despite these efforts, the landowners have continued to obstruct access to the Pecos River unlawfully.
“Today’s legal action underscores our unwavering commitment to safeguarding the public’s right to access New Mexico’s streams and waterways,” said Attorney General Torrez. “Despite our attempts to educate and inform the defendants, they have chosen to ignore the law and continue obstructing public access to the Pecos River. Mr. Briones, who previously agreed to a consent decree, is now flagrantly violating that agreement, leading us to seek a contempt order against him. By filing this amended lawsuit, we are sending a clear message: We will not tolerate violations of the law, and we will continue to fight for the rights of all New Mexicans to enjoy their natural resources.”
Jesse Deubel, executive director of the New Mexico Wildlife Federation (NMWF), expressed appreciation for Torrez's efforts: “The New Mexico Wildlife Federation deeply appreciates the commitment of Attorney General Raúl Torrez and his staff to force private landowners to remove barriers to the public’s use of the Pecos River and all public waters in the state.”
Norm Gaume from the New Mexico Paddlers Coalition added: “We applaud that the Attorney General is enforcing the NM Supreme Court’s 2022 unanimous decision that privatizing NM streams and rivers is unconstitutional.”
Scott Carpenter, President of Adobe Whitewater Club of New Mexico, also commended Torrez's actions: “Thank you, AG Raul Torrez, for enforcing the public’s constitutional right of public access to recreate in the public waters of New Mexico’s rivers and streams.”
The NMDOJ continues its investigation into other property owners violating this constitutional right. Complaints can be filed through their office at https://nmdoj.gov/get-help/.
Attached documents include:
- The new complaint adding Jenkins as defendants
- Motion for preliminary injunction against Richard and Jean Jenkins
- Motion to hold Erik Briones in contempt