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SOUTHERN NEW MEXICO

New Mexico sues over illegal water wells at border

New allegations of meter tampering, illegal pumping for border wall construction emerge

Ranchers observing a new well drilled near the border wall, that would draw from the Hachita basin, photographed the well head, storage and facilities sufficient to pump 300 gallons of water per minute.
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DEMING — New Mexico’s Office of the State Engineer is suing the federal government and three contractors over their drilling of unauthorized water wells to support border wall construction earlier this year.

The lawsuit, announced by Gov. Michelle Lujan Grisham’s office Tuesday afternoon, presents new allegations of unlawful drilling and pumping from stressed water aquifers near the southern border, as well as meter tampering and unlawful diversion from existing wells.

The activity has permanently reduced pressure from a historic spring and could even complicate the recent settlement of a 13-year legal dispute over rights to water from the Rio Grande below Elephant Butte, the lawsuit argues.

State Engineer Elizabeth Anderson is seeking an injunction against the use of water from new wells developed at the direction of Customs and Border Protection, and repayment for water already pumped.

According to the complaint, the first report of a nonpermitted well near the southern border came in March from a rancher near Hachita. Inspectors from OSE learned that a drilling contractor had reached 540 feet of depth with plans to reach 1,000 feet.

The contractor allegedly told field inspectors that CBP had advised them no state permits were required because the drilling was on federal territory adjacent to the border, where President Donald Trump’s administration is building new border wall segments, roads and other border security infrastructure.

In all, inspectors reported seven wells had been developed unlawfully in the Hachita, Mimbres and Lower Rio Grande basins, plus “unpermitted diversions from a livestock well, switching of meters in violation of permit conditions, well-plugging in the absence of a legally mandated plugging plan, and collapsed boreholes that were either plugged without a plugging plan or left exposed.”

New Mexico State Engineer Elizabeth Anderson, center, attended a July 9 town hall in Deming over nonpermitted water well drilling by the federal government near the border. Flanking her were OSE General Counsel Nat Chakeres, left, and state Sen. Gabriel Ramos, R-Silver City.

Subsequent field inspections allegedly discovered evidence of meter-tampering with a CBP well that had been permitted for border wall construction in 2025, obscuring whether CBP was staying within the limit of approximately 977,553 gallons per year.

Field inspectors also discovered unauthorized drilling activity in Luna and Doña Ana counties, where the latter could hinder New Mexico’s ability to deliver water from the Rio Grande to Texas under the Rio Grande Compact. In May, New Mexico, Texas and the federal government reached a settlement after 13 years of litigation and intricate negotiation over the vital resource.

Although CBP announced its contractors would cease drilling new wells, the complaint states that OSE has received no commitment that the wells and boreholes would be properly plugged, that water illegally pumped would be repaid or that it would get the water it needs from other sources.

The complaint states that as recently as Aug. 20, three of the unauthorized wells were operating, with inspectors observing water trucks “actively filling at the site.”

The lawsuit names the ϼ States as well as Montana-based Barnard Construction and two Arizona-based drilling companies as defendants.

Subcontractors Wyatt Drilling Arizona LLC and Cascade Drilling LP, both named in the lawsuit, received notices of violation from the state in August, jeopardizing their licenses to operate in New Mexico.

CBP and the contractors did not immediately respond to queries for comment.

The lawsuit, filed in New Mexico’s 6th Judicial District, seeks a court order barring the defendants from drilling more wells without permits or diverting water without securing a lawful water right. The OSE is also seeking plugging and remediation plans, and an accounting of how much water was illegally diverted with double repayment.

Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.