Cervantes asks why the state is not more aggressive over the border wells
Joseph CervantesNew Mexico state senator, District 31
Cervantes says the federal work is contaminating New Mexico's water in open defiance of the state and questions why state officials are not acting more aggressively against it.
Responding to
Wells drilled to supply border wall construction in New Mexico were improperly built and create a risk of contaminating the aquifer.
“When somebody is contaminating our water openly and really just defiantly, thumbing their nose at us.”
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 had told the committee that his office was imposing fines on the drillers while it sought a court order. Cervantes questioned whether the state should pursue more immediate action.
After the quotation
He said he did not understand why the state was not being more aggressive, and that he was concerned the reason was "some fear of the repercussions."
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. Cervantes describes the federal work as "contaminating our water openly" and "thumbing their nose at us", so we labeled it Condemned. The closest competing label is Mixed or conditional; it loses because his criticism of the state's pace is a call for stronger action against the wells, not support for them.
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More from this case
Read the full caseChakeres 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
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. "Cervantes asks why the state is not more aggressive over the border wells". First published: 2026-10-17. Last updated: 2026-10-17. https://disputeindex.com/events/5983-cervantes-says-the-federal-work-is-contaminating-new