DHS waives New Mexico water laws to supply border wall construction
PN Team • 3 weeks ago
The Department of Homeland Security confirmed it issued a waiver on Oct. 2 suspending New Mexico's Water Code to secure groundwater for border wall construction, fueling an ongoing dispute between the state and federal government. Homeland Security Secretary Markwayne Mullin's directive, published in the Federal Register, cited the El Paso Sector's status as an "area of high illegal entry" to justify bypassing state water protections for road building, concrete production, and dust suppression.
New Mexico officials, including state engineer's office counsel Nathaniel Chakeres, called the move unconstitutional, arguing the state's water belongs to the public under its constitution. Officials say Customs and Border Protection has continued pumping from unpermitted wells despite agreeing to pause new drilling, and described unsafe well conditions risking groundwater contamination. The conflict follows months of tension, including a land dispute with a Catholic diocese, farmer complaints over aquifer depletion, and an August lawsuit by the state against the federal government and its contractors over unauthorized drilling near the border.
Sources:
Sentiment
- Markwayne Mullin Mullin is directly named as the official who issued the controversial directive suspending New Mexico water protections.
- New Mexico New Mexico is portrayed sympathetically as defending its constitutional water rights against federal overreach.