Erik Briones mugshot | NMDOJ
The clear, cold waters of the Pecos River wind through the canyons and foothills of northern New Mexico, a storied trout fishery that has drawn anglers for generations. But for the past several years, a stretch near Terrero in San Miguel County has become the site of something far less peaceful. The traditionally tranquil waters have since been disturbed by repeated confrontations between fishermen exercising their legal right to wade and recreate in public waters, and a landowner hell-bent on keeping them out.
On June 1st, New Mexico Attorney General Raúl Torrez announced criminal charges against 65 year-old Erik Michael Briones, the owner of property along the river. Briones faces five counts of aggravated assault with a deadly weapon (all felonies), stemming from allegations that he repeatedly threatened anglers with firearms between April 2023 and March 2026.
Briones threatening anglers with a shotgun and one of his makeshift fences | NMDOJ
According to the criminal complaint and supporting affidavits from the New Mexico Department of Justice, witnesses described Briones brandishing a shotgun, cocking the action, and hurling verbal threats across the waterway. In one documented incident captured on video, Briones is heard saying variations of “It’s my land, I’ve got a right to target practice” while directing remarks at fishermen in the river. One angler reported Briones telling him he was about to start shooting rounds nearby, adding, “if you’re in the way, well I’m sorry.”
“These allegations involve dangerous and unlawful intimidation directed at New Mexicans who were exercising their legal right to access and recreate in public waters,” said Attorney General Raúl Torrez. “No one has the right to threaten violence against members of the public because they disagree with established law. Our office will continue enforcing both the criminal laws of this state and the public access protections guaranteed under New Mexico law.”
Multiple fishermen provided statements, photos, and (grainy) video evidence and were able to identify Briones in photo lineups. In addition to the firepower, prosecutors also allege he constructed barriers, traps, and other obstructions in the riverbed to deter public use.
This is not Briones’ first clash with authorities over the river either. He has been a central figure in ongoing civil litigation challenging New Mexico’s public stream access rules, as the state has secured court orders requiring him to remove fencing and barriers from the river, including a recent contempt finding for non-compliance. Briones and other landowners previously appealed aspects of the access rulings to federal court, only to see those challenges rejected earlier this year.
At the heart of the contentious dispute is a 2022 New Mexico Supreme Court ruling (stemming from the Adobe Whitewater case) affirming that the state’s waters are public under the constitution — even when they flow over privately owned streambeds. The public may wade, fish, and recreate in these waters, touching the bed as reasonably necessary, provided they do not trespass onto adjacent private land to access the river or exit onto it.
The decision built on longstanding principles in Western water law, and bars landowners from erecting fences, posting intimidating signs, or using force to block lawful public use of the water.
“We would expect and hope that New Mexico landowners who abut public waterways abide by the law,” John Duran, Chief of Criminal Affairs for the NMDOJ, stated. “...and that they allow people to enjoy and fish those waters freely as New Mexican citizens.”
Briones was arrested and initially held; recent reports indicate he has since been released with conditions, including the addition of a new ankle monitor.
His criminal case is expected to proceed in San Miguel County courts.
