Lawsuit Filed Against New Mexico Water Utility for Allowing Unfiltered Arsenic in Drinking Water

Utility failed to warn residents about high levels of arsenic water contamination for years, and even shut off arsenic treatment processes for a year, state inspectors discovered.

A New Mexico water utility faces a class action lawsuit brought by residents of the community it serves, alleging that it distributed drinking water contaminated with high levels of arsenic for years.

The Camino Real Regional Utility Authority (CRRUA) provides drinking water and wastewater treatments for the cities of Sunland Park and Santa Teresa, New Mexico. It is overseen by Doña Ana County and Sunland Park, providing services to nearly 20,000 area residents.

However, records dating back to 2012 indicate that the utility’s drinking water regularly tested positive for arsenic, containing amounts that exceeded levels considered safe by  the U.S. Environmental Protection Agency (EPA).

Arsenic is a known human carcinogen, which is measured according to organic and inorganic levels. Inorganic arsenic is toxic to humans at high levels or over long periods of time, and has been associated with a number of long term health effects, including cancer, heart disease and death. As a result, the EPA has set a maximum contaminant level (MCL) for arsenic at 0.010 milligrams per liter (mg/L).

Last month, CRRUA sent out a “Notice of Violation” (PDF) to its customers, alerting them to the high levels of arsenic in drinking water, after testing conducted by the New Mexico Environment Department found arsenic levels of 0.011 mg/L in Sunland Park and 0.020 mg/L from a nearby industrial park.

According to the CRRUA letter, the arsenic levels were not high enough to require immediate action by consumers. However, a  lawsuit recently filed on behalf of local residents in state court alleges that the CRRUA has failed to get arsenic levels under control for years, and failed to adequately warn residents about the problems.

State inspections of CRRUA facilities found that the utility had intentionally bypassed its arsenic treatment plants for a year, and that staff had failed to calibrate PH sensors, which resulted in inaccurate PH readings.

The lawsuit notes that EPA records indicate the utility has had arsenic violations dating back to 2012, and continuing to the present. However, CRRUA failed to record the violations in its own records from 2014 until this year, according to the lawsuit, which also indicates that the water utility failed to properly notify customers or warn them about actions that should be taken to protect their health.

Brent Westmoreland, CRRUA’s former executive director, resigned suddenly in December 2023. He is named as a defendant in the lawsuit, along with the CRRUA, Doña Ana County and the City of Sunland Park.

The lawsuit seeks compensatory damages for all affected CRRUA customers.