New Mexico sues feds, contractors over water wells drilled to aid border wall construction
New Mexico Governor Michelle Lujan Grisham on Wednesday announced a lawsuit against the U.S. government and its contractors over unauthorized water wells that federal agencies used to construct a wall along the state’s border with Mexico.
The New Mexico Office of the State Engineer had previously documented multiple sites in protected underground water basins and cited federal subcontractors for drilling wells without state authorization. The office also alleged that contractors’ failure to construct or plug wells properly had created an “imminent risk of groundwater contamination.”
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A news release from the governor’s office announcing the lawsuit from Wednesday names as defendants the subcontractors, Wyatt Drilling Arizona, LLC, and Cascade Drilling, LP., as well as their prime contractor, Montana-based Barnard Construction Company. It also names the United States of America.
A copy of the lawsuit was not immediately available in court records, because court staff were still processing it as of late Wednesday afternoon, according to Leah March, a spokesperson for the governor’s office. Source New Mexico has a pending request to the governor’s office for the name of the federal agency being sued.
“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.
Officials from Barnard Construction and Cascade Drilling did not immediately respond to Source New Mexico’s calls and emails seeking comment Wednesday afternoon. Vincent Wyatt, owner of Wyatt Drilling, declined to comment.
The lawsuit adds a new allegation against the contractors and the federal entity that hired them, according to a news release from the governor’s office. The lawsuit claims “improper tampering” with a water meter, an illegal practice that state officials said can obscure the amount of water diverted from a wall.
A copy of the lawsuit was not immediately available in court records, because court staff were still processing it as of late Wednesday afternoon, according to Leah March, a spokesperson for the governor’s office.
But State Engineer Elizabeth Anderson said in a statement that the lawsuit aims to ensure that the state’s permit procedures are followed and that the federal government pays for any water it was not authorized to take.
“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,” Anderson said. “We are also demanding double repayment for all illegally diverted groundwater.”