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
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
Reporting
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
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.
- 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
State Engineer Anderson calls the DHS waiver unconstitutional
“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.”Read statement
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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