Chakeres says the federal government accepted New Mexico's water rules at statehood

Nat ChakeresGeneral counsel, New Mexico Office of the State Engineer

Chakeres tells state lawmakers that New Mexico's constitution makes the state's water public property, an arrangement the federal government accepted at statehood, and that the DHS waiver is 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.

“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”

Reporting

Open source (opens in a new tab)Trump administration says it's waiving New Mexico water law to keep using disputed wells for border wall · Searchlight New MexicoFull article

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.

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Source and context

Reporting

Trump administration says it's waiving New Mexico water law to keep using disputed wells for border wall (opens in a new tab) · Searchlight New MexicoFull article

About this source

Report by Julia Gentin for The Las Cruces New Mexican, The Santa Fe New Mexican and Searchlight New Mexico on the waiver, the state's August 26 lawsuit and the October 6 committee hearing, with quotes from Nat Chakeres, Rep. Tara Lujan and Sen. Joseph Cervantes. It also summarizes the federal government's arguments for the waiver.

Before the quotation

Chakeres was presenting to the legislature's interim Courts, Corrections and Justice Committee at New Mexico State University. Searchlight New Mexico reported that he called the waiver, which also moved to transfer the state's lawsuit to federal court, unconstitutional and said his office intends to fight it.

After the quotation

He added that the waiver also infringes the Tenth Amendment, and he rejected the federal argument that the Roosevelt Reservation exempts the wells from state law, noting that national labs, military bases, national forests and national parks follow state water law.

How this statement is classified

Condemned

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. Chakeres argues that the federal government "accepted that constitution" and, according to the report, calls the waiver unconstitutional, so we labeled it Condemned. The closest competing label is Mixed or conditional; it loses because he describes no circumstance in which the waiver would be acceptable.

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Chakeres says the federal government accepted New Mexico's water rules at statehood
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The Dispute Index. "Chakeres says the federal government accepted New Mexico's water rules at statehood". First published: 2026-10-17. Last updated: 2026-10-17. https://disputeindex.com/events/5981-chakeres-tells-state-lawmakers-that-new-mexico-s