EL PASO, Texas (KTSM) — A lawsuit has been filed against the Camino Real Regional Utility (CRRUA) on Wednesday, Nov. 20, regarding arsenic in drinking water, according to court documents obtained by KTSM.
Three law firms will be hosting a town hall meeting at 5:30 p.m. Thursday, Nov. 21, at the Dona Ana Community College Sunland Park Center, 3365 McNutt Rd. about this legal action.
Several plaintiffs, all Doña Ana County residents, allege that they “have suffered and continue to endure the consequences of having been exposed to arsenic and other hazards from water provided by CRRUA.”
CRRUA, which provides water and wastewater service to Sunland Park and Santa Teresa, has been under fire for months over concerns about water quality and discolored water.
Doña Ana County and Sunland Park oversee CRRUA and manage it as a joint venture. They also share in profits and losses and have mutual control over the subject matter of the joint venture, according to the lawsuit.
The lawsuit was also filed against Doña Ana County, the City of Sunland Park, and CRRUA’s former executive director, Brent Westmoreland.
At the time of this complaint, the lawsuit claims Westmoreland was “responsible for operating and managing CRRUA, including implementing and enforcing appropriate policies, procedures, rules, regulations, and protocols for the safe operation of the community’s water system.”
On December 2023, Westmoreland abruptly resigned as CRRUA’s executive director, the lawsuit claims.
Arsenic is a highly toxic chemical that can be found in groundwater. Exposure to arsenic can cause severe diarrhea, nausea, vomiting, abdominal pain, numbness, tingling, high blood pressure, muscle cramping, hair loss, and skin disorders, according to the lawsuit.
Exposure to arsenic can also increase the risk of diabetes, pulmonary disease, cardiovascular disease, kidney disease, cancer, and death, according to the lawsuit.
The lawsuit says the U.S. Environmental Protection Agency (EPA) set a maximum contaminant level (MCL) for arsenic of 0.010 milligrams per liter (mg/L). Providing water with more than 0.010 mg/L violates EPA and New Mexico regulations.
CRRUA records show concentrations of arsenic that are higher than the EPA limits, with the utility’s arsenic sampling records showing a total of over 0.02 mg/L dating back from 2012 to 2024, according to the lawsuit.
EPA records show other and continuous arsenic violations not shown by CRRUA’s records from 2014 to 2024. The lawsuit claims the EPA cited the utility for arsenic violations every quarter for over ten years.
The lawsuit claims the CRRUA failed to correct violations, notify the plaintiffs of their violations, or provide plaintiffs with appropriate actions to take to protect themselves against any “waterborne hazards.”
However, the CRRUA has continuously released press releases on passing multiple arsenic tests since Jan. 24, including three NMED quarterly tests. The test results provided by the utility show that the arsenic has been below the federal maximum contaminate level of 10 parts per billion and that its system is in compliance. The lawsuit claims the utility has repeatedly denied that the water in Doña Ana County was unsafe or unclean.
In May 2008, the New Mexico Environmental Department (NMED) issued an Administrative Compliance order for CRRUA for exceeding the arsenic MCL. The utility agreed to comply with the arsenic MCL but ended up not complying in July 2016, according to the lawsuit.
Similar situations continued throughout the years, and after 15 years of violations, some Doña Ana County residents received confirmation for the first time that their water was unsafe and unclean due to “many operational failures from CRRUA,” according to the lawsuit.
On Dec. 2023, NMED conducted a two-day field survey at CRRUA’s water facilities, including its arsenic treatment plants.
During the survey, NMED officials noticed negative PH levels for treated water while untreated water was reading normal PH levels at one of the utility’s facilities.
These negative PH levels confirmed that the PH sensor had malfunctioned. It was discovered that CRRUA staff had not calibrated this PH sensor, according to the lawsuit.
During the survey, NMED officials also learned that the utility’s arsenic treatment plants “had been offline and intentionally bypassed for a year.”
The lawsuit claims CRRUA failed to inform state officials and its customers that the utility was not treating resident’s water for arsenic for a year.
“Upon information and belief, Doña Ana County residents within CRRUA’s service area have been exposed to arsenic for decades,” according to court documents. “CRRUA’s public response to these notifications have been false, misleading and incomplete.”
The plaintiffs said that because the utility did not inform them about the dangerous conditions of the water until early December, they unknowingly used the unsafe water to shower, brush their teeth, and wash dishes, according to the lawsuit.
Plaintiffs also allege that “they have lost the enjoyment of using the water from their own home due to the fear that the water will place their health at risk and from the uneasy feelings of uncleanliness that come with using the water and loss of use of their property.”
The plaintiffs are asking for a jury trial as well as monetary compensation for damages in this case.
Read: Read More