Residents initiate civil lawsuit against South County utility for water safety failures
Roughly two months after drinking water that was deemed unsafe due to high pH levels in December 2023, a group of Sunland Park and Santa Teresa residents have initiated the process of a civil lawsuit against the area's utility.
During a special meeting of the Camino Real Regional Utility Authority on Monday, attorney Jessica Insurriaga informed the Board of an upcoming civil rights lawsuit on behalf of a group of residents.
CRRUA, along with Sunland Park, Dona Ana County Board of County Commissioners, the State of New Mexico, CRRUA chair Susana Chaparro and former CRRUA Executive Director Brent Westmoreland are named in a notice of tort claim, citing "economic damages and health issues."
Las Cruces attorney Israel Chávez then held a small press conference outside of the Board meeting to announce the lawsuit, which he claims to currently involve a group of "at least five" that could grow larger as the lawsuit is still in the early stages.
"The people in this community have drawn a line in the sand, but the people of this community have also indicated that they don't know if they want to be in front of the camera, so we will do it for them," Chávez said. "We will ensure that the people that were affected by this civil rights injustice and the continuing civil rights injustices in this community related to water are heard."
A New Mexico Environmental Agency report in January identified several key failures by CRRUA management and staff, including:
A pH sensor malfunction and several operational failures by CRRUA staff led to caustic soda being overfed into the treatment process, causing the elevated pH levels within the distribution system.
CRRUA staff failed to fully investigate complaints from customers that were experiencing “slimy water” as early as Tuesday, Nov. 28, 2023, four days prior to the issuance of the order to customers to not drink the water.
CRRUA staff failed to calibrate the pH probes and sensor and observe erratic readings for finished water pH that started as early as Nov. 21, 2023.
During the investigation, it was established that facilities used to treat for arsenic had been offline periodically over the past year and the system failed to notify customers and NMED.
The tort claim cited the EPA report findings, claiming the three-day delay by the utility led to damages, as water used had to purchase water, incurred medical costs, missed work and other losses.
Chávez said the lawsuit is in the early stages and residents are still welcome to contact them moving forward.
"We think this thread goes deep and we will continue to investigate what happened here and will ensure that no public entity that was involved in this is allowed to be unaccountable to the people who give it its purpose."
CRRUA board under change, utility will seek hearing regarding $251,000 fine from state
During his presentation to the Board, utility interim director JC Crosby said the utility plans to seek a hearing with the state regarding a $251,580 civil penalty for four violations laid out in an NMED administrative compliance order sent to the utility on Feb. 2.
According to the administrative compliance order, the utility failed to notify the state that three arsenic treatment plants were offline and intentionally bypassed for over a year, allowing untreated water into the distribution system. The utility also failed to notify customers of high pH levels as well as well as other violations from August 2019 and the first quarter of 2024.
Crosby's next report could come in front of a new Board after the Doña Ana County Board of Commissioners approved an amended joint powers agreement with Sunland Park regarding the utility on Tuesday that will call for four CRRUA Board members from the City of Sunland Park and three from the county.
"CRRUA does plan to have a presentation not only to the City of Sunland Park, but also to this County because I think it's so important that everyone understands what is currently happening with CRRUA," Chaparro said during Tuesday's commission meeting. "We are getting bashed with the news media and we are trying very hard as the (CRRUA Board) to move forward with a master plan for CRRUA in the next few months."
Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X, formerly Twitter, @jpgroves.
This article originally appeared on Las Cruces Sun-News: Residents initiate civil lawsuit against South County utility for water safety failures
