Chakeres says a border well is a direct conduit into the aquifer
Nat ChakeresGeneral counsel, New Mexico Office of the State Engineer
Showing lawmakers a photo of an open well casing above pooled water, Chakeres says the border wells are a direct conduit into the aquifer and were not built to New Mexico standards.
Responding to
Wells drilled to supply border wall construction in New Mexico were improperly built and create a risk of contaminating the aquifer.
“That is bad. That is a direct conduit down into the aquifer. Anything can fall down in there”
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
Source New Mexico report on Office of the State Engineer general counsel Nat Chakeres's October 6, 2026, testimony to the legislature's interim Courts, Corrections and Justice Committee about the DHS waiver and the condition of the federal border wells.
Archived copy (opens in a new tab)Before the quotation
Chakeres shared an image of an open well casing that sat roughly six inches above pooled surface water and said the next rainstorm could carry oil, gas or construction chemicals into the groundwater.
After the quotation
He said his office was shocked by what it found and that New Mexico drillers do not drill wells like this. His office estimates the federal agency has drawn millions of gallons from the aquifer.
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 says an open border well is "a direct conduit down into the aquifer" and calls the construction appalling, so we labeled it Condemned. The closest competing label is Mixed or conditional; it loses because he offers no defense of the wells or their use.
- Recorded on
- Published here
- People and groups discussed
- U.S. Customs and Border Protection
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 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
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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- Chakeres says a border well is a direct conduit into the aquifer
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The Dispute Index. "Chakeres says a border well is a direct conduit into the aquifer". First published: 2026-10-17. Last updated: 2026-10-17. https://disputeindex.com/events/5982-showing-lawmakers-a-photo-of-an-open-well