NM State Engineer Denounces Federal Waiver of Water Laws for Border Wall
State Engineer Denounces Federal Waiver of New Mexico Water Laws for Border Wall
“Outrageous” and “unconstitutional” is how Nathaniel “Nat” Chakeres, general counsel for New Mexico’s Office of the State Engineer, described a unilateral federal waiver of state water regulations issued on Friday by U.S. Department of Homeland Security Secretary Markwayne Mullin in the Federal Register. Mullin’s announcement suspended all state laws and regulations governing groundwater use to expedite the construction of border wall barriers and roads, potentially upending ongoing state legal challenges against federal contractors.
Legal Battle Over Unauthorized Wells and Border Wall Construction
The federal waiver directly impacts ongoing legal disputes between New Mexico and federal agencies regarding at least eight water wells drilled by Arizona-based contractors hired by U.S. Customs and Border Protection. These wells were established to supply water for dust suppression and road construction associated with the border wall. In August, the Office of the State Engineer threatened to revoke the licenses of the two drilling contractors and subsequently filed a lawsuit against the federal border agency in late August.
Mullin defended the suspension in the Federal Register, asserting that setting aside state regulations is both legal and necessary due to an acute and immediate need to build physical barriers preventing unlawful border entries. State attorneys counter that the unilateral action violates New Mexico residents’ property rights and breaches the 10th Amendment of the U.S. Constitution, which protects state rights over publicly owned water resources.
Federal Contractors Extract Millions of Gallons from Local Aquifer
Testifying before the interim Courts, Corrections and Justice Committee, Chakeres emphasized that New Mexico has a long-standing precedent of regulating water use even on federal properties, including national laboratories and military installations. Local communities relying on sparse groundwater for their livelihoods are increasingly anxious as the aquifer continues to be tapped. According to estimates from the Office of the State Engineer, federal contractors have already extracted millions of gallons from the local aquifer without state authorization.
Beyond the jurisdictional dispute, state officials expressed grave concern over the physical integrity of the wells. Chakeres shared photographs showing an open well casing sitting approximately six inches above pooled surface water, warning that heavy rainfall could introduce oil, gas, or construction chemicals directly into the aquifer. Chakeres noted that such substandard construction creates a direct conduit for contamination.
State Engineer Requests Judge to Halt Water Well Use
The Office of the State Engineer has already drafted emergency paperwork requesting a federal judge to issue an order forcing U.S. Customs and Border Protection to immediately halt all use of the disputed water wells.