New Mexico sues federal government to halt illegal water use, well drilling
FOR IMMEDIATE RELEASE
Contact: Michael Coleman
Office of the Governor
August 26, 2026
New Mexico sues feds to halt illegal water use, well drilling
State seeks injunction, payback for illegally diverting water for border wall
SANTA FE — The State of New Mexico today sued the federal government and its contractors in the Sixth Judicial District Court alleging repeated, unauthorized well drilling without state permits in protected underground water basins to construct a wall along the U.S. border with Mexico.
The New Mexico Office of the State Engineer documented repeated instances at multiple sites within the Mimbres, Hachita and Lower Rio Grande Underground Water Basins where the federal government’s contractors drilled wells without the required State Engineer authorization. The complaint also alleges improper tampering with a totalizing meter, which can obscure the total amount of water being diverted from a well.
“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,” said Governor Michelle Lujan Grisham.
“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,” said State Engineer Elizabeth K. Anderson. “We are also demanding double repayment for all illegally diverted groundwater.”
The complaint alleges:
- Unauthorized drilling of new wells at multiple coordinates within the Mimbres, Hachita, and Lower Rio Grande Underground Water Basins, documented across site visits in March and July 2026.
- Failure to adhere to proper well construction and plugging requirements, creating an imminent risk of groundwater contamination.
- A borehole collapse left unaddressed without a required plugging plan.
The complaint names the following defendants: the United States of America; Barnard Construction Company, Inc., of Bozeman, Montana, which is the prime contractor for this segment of the border wall; and the two drilling subcontractors, Wyatt Drilling Arizona, LLC, and Cascade Drilling, LP.
The complaint seeks injunctive relief to prevent further drilling of wells, to prevent the pumping of water from illegal wells, and to properly plug and abandon the illegally drilled wells. The complaint also seeks an order requiring the Defendants to account for all illegally diverted water, as well as double repayment of all illegally diverted water.