State Engineer Anderson calls the DHS waiver unconstitutional
Elizabeth K. AndersonNew Mexico State Engineer
Anderson says DHS is trying to waive all of New Mexico's water laws instead of following them and calls the waiver unconstitutional.
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.
“Rather than do the right thing and follow the law, DHS is trying to waive all of New Mexico's water laws. This so-called waiver is unconstitutional.”
Official statement
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.
Before the quotation
In the same release, Anderson said the Department of Homeland Security "is stealing water from New Mexicans to build the border wall".
After the quotation
She said her office would continue fighting for New Mexico's water rights holders. Her office sued the United States and the border wall contractors in August.
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. Anderson says DHS should "follow the law" and calls the waiver "unconstitutional", so we labeled it Condemned. The closest competing label is Challenged characterization; it loses because she rejects the waiver itself, not a description of it.
- Recorded on
- Published here
- People and groups discussed
- 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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- State Engineer Anderson calls the DHS waiver unconstitutional
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The Dispute Index. "State Engineer Anderson calls the DHS waiver unconstitutional". First published: 2026-10-17. Last updated: 2026-10-17. https://disputeindex.com/events/5980-anderson-says-dhs-is-trying-to-waive-all