The state of New Mexico sued the federal government and its border wall contractors Wednesday, accusing them of illegal water use and repeated drilling without state permits, according to the Governor’s Office.
The lawsuit, which seeks repayment from the defendants along with an injunction, comes as construction crews in four states race to put up walls funded by more than $46 billion in federal money — one of President Donald Trump’s top priorities.
The defendants in the lawsuit are listed as the United States of America; Barnard Construction Co. Inc., the main contractor for this segment of the border wall; and the two drilling subcontractors, Wyatt Drilling Arizona LLC, and Cascade Drilling LP, according to the news release.
Although the U.S. is listed as the defendant, “it’s Customs and Border Protection that’s breaking the law,” Leah March, a spokesperson for the governor, wrote in an email.
None of the contractors immediately responded to The New Mexican’s requests for comment Wednesday afternoon. Neither did U.S. Customs and Border Protection.
Customs and Border Protection agreed to stop drilling new wells Aug. 3, after ranchers and legislators raised concerns about unauthorized wells in the Mimbres, Hachita and Lower Rio Grande basins. They cited how diverting groundwater to produce concrete for the border wall could endanger their animals in an already arid region.
Despite Customs and Border Protection’s public statement Aug. 3 that it would stop drilling, the lawsuit says the agency made no formal commitments to the state engineer about plugging existing wells or paying for diverted water. According to the state’s complaint, at least one of the wells was still in operation as of an Aug. 20 site visit.
“Water is a precious resource in New Mexico, and the residents, ranchers, and farmers whose water is being stolen by the federal government deserve justice,” Lujan Grisham said in a statement.
The lawsuit, which did not yet have a case number as of Wednesday, also alleges tampering with a water meter, which officials say is illegal because it can hide how much water is actually being taken from a well.
“Our permit procedures exist to protect water rights holders, and we are not going to allow the federal government to evade those protections and threaten our groundwater,” State Engineer Elizabeth K. Anderson said. “We are also demanding double repayment for all illegally diverted groundwater.”
