Elizabeth K. Anderson
Role at the time: New Mexico State Engineer
Response to this claim
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.”
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.
Why we used 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.