El Paso Water sewage spill lawsuit against New Mexico Environment Department will stay in Texas courts

The Rio Grande near Albuquerque, via Wikimedia public domain
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August 2, 2023 — The following article was written by by Danielle Prokop, Source New Mexico on August 1, 2023 and republished under Creative Commons license.  It is in follow-up to a story that we first reported in June 2022.

A Texas judge ordered last week that a lawsuit against New Mexico environment authorities brought by El Paso Water will continue in Texas courts.

The dispute stems from the water utility fighting a $1.2 million fine from the New Mexico Environment Department for violating state water quality laws.

The fine came after a 2021 spill, where the utility diverted what amounted to 1.1 billion gallons of untreated sewage into the Rio Grande riverbed near Sunland Park, NM.

Two sewer mains burst after heavy storms, and the spill continued for months until their replacements were installed.

Sewage spill fine still tied up in Texas courts

Near where the water was diverted, Rio Grande meanders across the Texas and New Mexico state line multiple times.

Attorneys for El Paso Water argue that New Mexico doesn’t have any authority to fine the utility for the spill, that authority belongs to federal and Texas state officials.

Environment department lawyers argued that the spill violated New Mexico water quality laws.

In a July 18 ruling, federal Judge David Briones found the New Mexico Environment Department “projected itself across state lines.”

He found those actions – such as touring the site in El Paso and sending compliance orders  – met the threshold to continue the lawsuit in the federal Western District of Texas.

“New Mexico purposefully directed its conduct at Texas,” Briones wrote, denying the environment department’s request to dismiss the case brought by El Paso Water.

The New Mexico administrative process for the pollution fine will be put on indefinite hold as all parties await what may happen in Texas courts.

The next hearing has not been scheduled in the case.

Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Shaun Griswold for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and Twitter.


Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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