Lujan Grisham says New Mexico will not let the federal government drain its water
Michelle Lujan GrishamGovernor of New Mexico
Lujan Grisham says the federal government is draining New Mexico's water in disregard of the Constitution and that the state will not stand by, while adding that New Mexico supports border security done in partnership with states.
Responding to
The DHS waiver of New Mexico's water laws is unconstitutional because the state constitution makes New Mexico's water public property and the Tenth Amendment protects the state's authority to regulate it.
“New Mexico will not stand by while the federal government carelessly drains our most precious resource to push its inhumane agenda. New Mexicans refuse to pay for the federal government's flagrant disregard for the Constitution with our water.”
Official statement
Reporting
Where this statement fits
DHS waives New Mexico water law for border wall wells; state officials call the waiver unconstitutional
Homeland Security Secretary Markwayne Mullin published a notice on October 2, 2026, waiving the New Mexico Water Code and state well rules for border barrier and road construction in part of the El Paso Sector, including the drilling and use of wells. New Mexico officials, who sued the federal government and its contractors in August over wells drilled without state permits, say the waiver is unconstitutional and plan to challenge it.
Source and context
Official statement
About this source
Press release from Gov. Michelle Lujan Grisham's office dated October 2, 2026, responding to the DHS waiver published that day. It includes statements from the governor and State Engineer Elizabeth K. Anderson and says DHS is still using at least three wells drilled without state permits.
Reporting
About this source
Albuquerque Journal report on the waiver, with Gov. Michelle Lujan Grisham's written statement, State Engineer Elizabeth Anderson's response and comments from the New Mexico Cattle Growers' Association.
Archived copy (opens in a new tab)Before the quotation
The governor's office issued the statement the day DHS published the waiver in the Federal Register, saying federal contractors had drilled at least eight wells without state permits.
After the quotation
She said New Mexico wants a secure border and supports investment against drugs, contraband and human trafficking, but that it "has to be done in partnership with states, not at their expense." She also called the waiver "massive overreach".
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is DHS's October 2 waiver of New Mexico water law and the federal use of wells drilled without state permits for border wall construction. Lujan Grisham says the federal government "carelessly drains our most precious resource" with "flagrant disregard for the Constitution", so we labeled it Condemned. The closest competing label is Mixed or conditional; it loses because her support for border security does not extend to the waiver, which she opposes outright.
- Recorded on
- Published here
- People and groups discussed
- Markwayne Mullin, U.S. Department of Homeland Security
More from this case
Read the full caseCervantes asks why the state is not more aggressive over the border wells
“When somebody is contaminating our water openly and really just defiantly, thumbing their nose at us.”Read statement
Chakeres says a border well is a direct conduit into the aquifer
“That is bad. That is a direct conduit down into the aquifer. Anything can fall down in there”Read statement
Chakeres says the federal government accepted New Mexico's water rules at statehood
“The water of New Mexico is owned by the public for appropriation by private parties. That's in our constitution, and the federal government accepted that constitution when we became a state”Read statement
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- Lujan Grisham says New Mexico will not let the federal government drain its water
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The Dispute Index. "Lujan Grisham says New Mexico will not let the federal government drain its water". First published: 2026-10-17. Last updated: 2026-10-17. https://disputeindex.com/events/5979-lujan-grisham-says-the-federal-government-is-draining