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Majority Latino city endures years of toxic water in health ‘crisis’

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Thursday, April 18, 2024

SUNLAND PARK, N.M. — Rosana Monge clutched her husband’s death certificate and an envelope of his medical records as she approached the microphone and faced members of the water utility board on a recent Monday in this city in southeast New Mexico.“I have proof here of arsenic tests — positive on him, that were done by the Veterans Administration,” she testified about her husband, whose 2023 records show he had been diagnosed with “exposure to arsenic” before his death in February at age 79. “What I’m asking is for a health assessment of the community.”State and federal records show that in each of the last 16 years, drinking water samples tested in this 17,400-person town near the Texas border have contained illegally high levels of arsenic, including in 2016 when levels reached five times the legal limit.Naturally occurring in the soil in New Mexico, arsenic seeps into the groundwater used for drinking. In water, arsenic has no taste, odor or color — but can be removed with treatment. Over time, it can cause a variety of health problems, including cancer, diabetes and heart disease, endangering the lives of people in this low-income and overwhelmingly Latino community.The Environmental Protection Agency has assessed Sunland Park’s water operator, the Camino Real Regional Utility Authority (CRRUA), with 120 “violation points” over the last five years, a calculation based both on the number of times the utility has violated federal standards and the level of seriousness of the violations. For utilities serving at least 10,000 people that recently had a health-related violation, the tally was second only to the 182 points collected by Jackson, Miss., where problems with the drinking water earned national attention in 2022. Sunland Park has even more issues the EPA considers unresolved than Jackson.Anne Nigra, a professor at Columbia University who focuses on the impacts of arsenic-ladled water on Latino communities and reviewed the utility’s federally mandated water reports, called the situation in the New Mexico town “a public health crisis.”Experts who reviewed Joe Monge’s medical records said his levels were elevated but not extraordinarily so. A single lab test, however, cannot measure long-term effects of arsenic exposure, and Rosana Monge, 65, and others in this town are convinced the elevated arsenic levels are responsible for health problems including skin lesions and fetal development complications. Despite their pleas at public meetings and elsewhere, they believe the utility has not been taking the issue seriously.It is not entirely clear why arsenic has been allowed to seep into the water in Sunland Park year after year, though problems with infrastructure, lax enforcement of regulations and general inattention to the problem appear to be contributing factors.Fifty years after the Safe Drinking Water Act established legal limits for toxins such as arsenic in Americans’ drinking water, some public health experts and former EPA officials say politics and money have played an outsize role in how the agency determines maximum levels of contaminants allowed in drinking water. What’s more, they say some communities across the country repeatedly exceed those levels: More than 7,400 public utilities reported a violation every quarter for the last three years, according to an analysis of the EPA’s enforcement and compliance database.Those most impacted, experts say, are low-income areas and communities of color, such as Sunland Park, which is 94 percent Latino. Studies show Latinos are exposed to arsenic in their drinking water at higher rates than any other racial or ethnic group, even when controlling for socioeconomic factors. Similarly, Black Americans are disproportionately impacted by lead contamination in their water.The resulting picture, experts say, is that the world’s wealthiest nation fails to consistently deliver to all its residents one of the most fundamental necessities for human life: safe drinking water.“Why haven’t we solved these problems? Because we don’t want to,” said Ronnie Levin, a Harvard professor who was a scientist at the EPA for more than 30 years. “It’s shameful.”Udell Vigil, a spokesman for Sunland Park’s utility, said in a statement the system is challenged by aging infrastructure, new development in the area and a statewide shortage of certified utility operators. He declined to answer questions about arsenic due to the potential of a lawsuit over the issue.EPA spokesman Nick Conger said ensuring safe drinking water is a “top priority” for the agency, which is making enforcement of the legal limits a priority, and new federal infrastructure investments will help.In Sunland Park, residents’ complaints mounted in December when caustic soda, used to treat water for arsenic, was dumped into the water at unsafe levels as a result of what officials said was a plant malfunction. CRRUA’s director abruptly retired, and the state’s environmental agency levied a fine.“I think they were mismanaging at a significant level,” said John Rhoderick, director of the New Mexico Environmental Department’s water protection division, adding that the system is now “on notice.”Some residents have now taken the first steps toward filing a lawsuit.“This is a classic example of government at every level failing to protect public health for an inexcusable period of time,” said Erik Olson, a former attorney for the EPA who is now a senior health strategist and advocate at the Natural Resources Defense Council. “It’s outrageous it has been allowed to continue for well over a decade.”Naturally-occurring arsenic exists in pockets throughout the United States and particularly in the southwest, requiring municipalities to set up treatment plants that use varying techniques and chemicals to separate the arsenic from the water and extract it. The utility serving Sunland Park and the nearby Santa Teresa neighborhood has four such plants.Because arsenic is completely soluble and easily absorbed by the body, standard tests for water quality sold in stores do not typically detect it, and its range of damage to the human body is expansive. Chronic exposure can cause cancer of the skin, lung and bladder, among other kinds, as well as heart disease. It’s also associated with cognitive impairment, kidney disease, diabetes and lasting harm to fetal development. Ana Navas-Acien, professor of environmental health sciences at Columbia University, called arsenic “one of the most potent carcinogens” found in the environment.The EPA’s history of regulating arsenic is typical of how the agency has dealt with other water toxins, former EPA officials said. After the Safe Drinking Water Act was first adopted in 1974, the arsenic level was set at 50 parts per billion (ppb) — or 50 micrograms of arsenic per liter of water. Even then, former officials said evidence had emerged from the scientific community demonstrating its detrimental effects on the human body and suggesting public health would be improved by a lower level.The level was lowered once, in 2001, to 10 ppb, but some experts believe it is still too high.While the EPA sets federal toxin levels, nearly all states — including New Mexico — bear the responsibility for monitoring public water utilities and flagging violations, officials said. States can also set their own contaminant standards as long as they are not looser than the EPA’s. New Jersey and New Hampshire have the level at 5 ppb for their states, as do some European countries.“There was a lot of pressure from industry,” said James Elder, who worked at the EPA for 24 years and headed its Office of Groundwater and Drinking Water in the early 1990s, where he advocated for lowering toxin limits. “The history of arsenic is exemplary of how tortuous the process still is in regulating contaminants in drinking water.”Regularly consuming drinking water with just 3 ppb of arsenic creates a 1 in 1,000 increased risk of bladder or lung cancer, according to a 2001 National Academy of Sciences report. “With carcinogens … there is basically no safe limit,” said Sydney Evans, a senior science analyst at the Environmental Working Group, an environmental research and advocacy group.Last week, the EPA set a limit for a new drinking water contaminant, known as PFAS or forever chemicals — the first time the agency has set a water standard for a new contaminant since 1996.A history of water worriesSunland Park was founded in 1984, a decade after the passage of the Safe Drinking Water Act. Bordering Texas and Mexico, the town lies in stark desert terrain among beige mountains dotted with brush. The city is laid out as a collection of neighborhoods that dot McNutt Road like a string of pearls lying alongside the Mexico border. Cargo trains wind through the tall mountains, as does a multimillion-dollar wall along the international border, erected from private funds raised by an organization chaired by former Trump White House strategist Stephen K. Bannon.A limestone cross that glimmers in the near-constant sun here sits atop Mount Cristo Rey, a popular mountain for pilgrims in this Catholic-dominant region. It overlooks a city where many residents say they have been concerned about the water for decades.In the 1980s, the worry was a landfill and its accompanying incinerator that burned medical supply waste from New Mexico and El Paso. The residents said their health suffered from the water and air pollution it created.Monge and her husband were among a group of more than a hundred residents, called the Concerned Citizens of Sunland Park, who spoke out against a permit for the landfill.The protesters sold gorditas and other homemade food to pay for trips to the state’s capitol in Santa Fe to protest the permit. They blocked traffic and called for public hearings. Newspapers around this time reported children who were born with brain defects, as well as worms and high lead levels in tap water. Finally, in 1991, the incinerator company’s permit was denied and the state required the landfill to install a new liner to protect groundwater.Today, Sunland Park remains a working-class community where 84 percent speak Spanish at home, with more than double the national poverty and uninsured rates, according to the U.S. Census Bureau. In a place with few professional opportunities for young people, some of the loudest voices about the water quality are the same voices that spoke up more than 30 years ago: what’s left of the Concerned Citizens protesters — retirees who are no longer working full-time and know the city’s history.“Back then the people were stronger. Nowadays, many people are older and we can’t even carry the gallons” of store-bought water, said Elvia Acevedo, 65, in her living room where cases of bottled water are stacked. “I want to fight and get justice. For those who can no longer.”It’s not entirely clear how the problems with arsenic in the water began, but state and federal databases show violations piled up for years, even before several regional utilities were combined to form CRRUA in 2009.At the state level, the New Mexico Environment Department is controlled by Gov. Michelle Lujan Grisham, a Democrat elected in 2018. Matt Maez, a spokesman for the department, said the state has struggled to fix the city’s water because of budget cuts enacted under Lujan Grisham’s Republican predecessor, Susana Martinez.Several of CRRUA’s seven board members, most of whom are elected officials, declined to comment. One, Alberto Jaramillo, who is also a city councilor, told The Washington Post he only recently learned about the area’s history of elevated arsenic. But he said he drinks the tap water and believes it is safe.“I haven’t read what arsenic does to your body over time, but if somebody says that I got cancer because of this or that, I want to see the proof,” Jaramillo said.Sunland Park residents woke up one morning at the end of November and turned on their sink faucets and shower heads to see a slimy, oily goo emerging from their taps. Residents reported the problem immediately but that day passed, and then the next, and CRRUA said nothing. Finally, on the fourth day, CRRUA and Doña Ana County issued a notice that the water was not safe to drink, and had not been for days.Local officials doled out bottled water. State officials investigated, discovering that the machine in charge of releasing caustic soda, used to treat arsenic, had malfunctioned, causing an unhealthy amount of pH buildup in the water. In all, residents were without potable water for six days.As state officials investigated, they found something else: The water had illegally high levels of arsenic. Three of the four arsenic plants “have been offline and bypassed for over a year,” the state said in a violation notice it sent to CRRUA, which did not account for the arsenic violations occurring in prior years.CRRUA’s executive director, Brent Westmoreland, retired in December. He did not respond to requests for comment.In January, the New Mexico Environmental Department issued a report that found 58 “significant deficiencies” in CRRUA’s water system. The state is now cracking down, levying a $251,580 fine in March. Then, a top environmental official sent a letter to the state’s attorney general and auditor urging an investigation into CRRUA for “potential violations of consumer protection laws and possible waste, fraud, and abuse of state and federal funds.”State investigators also paid an unannounced visit to Sunland Park on March 15 and took 10 water samples, finding one was above legal arsenic limits. The state has now demanded CRRUA turn over records related to its water testing.CRRUA is appealing the state’s administrative order. In a letter to the state, CRRUA board chair Susana Chaparro said the utility was proud of “ongoing improvements” since January. “What we were handed did not occur overnight and cannot be fixed overnight,” she said.The water utility also recently hired its first public information officer to communicate with its customers. Its website is now regularly updated, and notices have begun to go out with Spanish translations. CRRUA recently posted a video demonstrating how its staff samples water to test for arsenic. The utility’s interim executive director Juan Carlos Crosby said in a county board meeting on April 9 that CRRUA was more than halfway through correcting the deficiencies identified by the state and is now testing for arsenic twice a month.Eric Lopez, a consultant who recently began overseeing the arsenic plants, said CRRUA is also adding new technology to be able to monitor the water’s chemical and contaminant levels remotely.But many residents are unconvinced that change will come without more dramatic intervention from state or federal agencies. Resident Lorenzo Villescas, 68, said officials had a playbook for what was happening in Sunland Park.“I compare this to Flint,” he said, referring to the Michigan city where problems with lead in the water sparked national outrage 10 years ago this month. There, “the authorities denied it was bad, too.”Residents have been pleased by the new attention from state and local officials in recent months but have wondered if it’s only come about because newer and wealthier residents in growing developments around the city have also now been affected.“They discovered this now because the water came out bad in the new areas, where the rich people live,” said Isabel Santos, 65, a former interim mayor and city council member who was also once president of the Concerned Citizens of Sunland Park and now wants to revive the group.Villescas has lesions on his skin and wonders if it is from drinking the arsenic-laden water. So does Maria Lucero, 66, whose family helped found this town but is now looking to move out because of the water.Irene Rodriguez, 62, is surrounded by cancer: Her husband, her mother and three of her four siblings were diagnosed with it. They only recently started to wonder if their water was to blame. She has stopped even brushing her teeth with it.Ofelia Garcia, 81, said many of her friends and neighbors have died of thyroid cancer. “A lot of people down here die from cancer. But we don’t know if it’s from the water for sure,” she said.At a ranch full of high-end horses that compete at a local racetrack, horses kept dying, said a former employee who spoke on the condition of anonymity for fear of offending the utility. He said he quit and now only gives the horses he raises bottled drinking water.Acevedo said she drank the tap water here for a long time, including when she was pregnant with her son Mikey. She said he was born with Down syndrome as well as thyroid problems, asthma and diabetes, while her other two children, who were born in California before she moved to Sunland Park, were born healthy.In March, three friends of hers who were born and raised in Sunland Park died of cancer. She blames the water.“People are dying from this,” she said. “We’re paying for something that’s poisoning us.”With residents distrustful of the utility, it is common in Sunland Park to see water bottles piled up in garbage cans and stacked by the dozens in living rooms and kitchens. Some people drive to nearby El Paso for water while others say they boil the water before use, which experts said actually concentrates arsenic rather than removing it.In a door-to-door survey conducted by Empowerment Congress in March, 317 out of 490 people said they were not using the tap water to drink or cook.About 11 years ago, Monge’s husband developed prostate and thyroid cancer. Several years ago, he began to hallucinate and grew weak. She took him from doctor to doctor in hopes of finding out what was wrong. His February death was officially attributed to Parkinson’s disease. A bugler played “Taps” before the decorated Vietnam War veteran was buried on a crisp March morning in Arlington National Cemetery.Monge, who has lived in town for over 40 years, now wonders if other conditions in her family — one of her daughters was born premature at two pounds, another one developed a tumor in her late teens, while Monge herself was diagnosed with multiple sclerosis — could be related to prolonged arsenic exposure.Experts say arsenic can cause many of the conditions cited by residents though such diseases are also rampant in low-income communities of color even without dangerous water conditions. “There’s a lot of parts of injustice in poor, Latino communities. … But how do you just nail down one? How do you just say — look, is this the thing that’s killing you?” asked Israel Chávez, a lawyer representing residents.After Monge spoke at the CRRUA board meeting about her late husband, Vivian Fuller, a field organizer for Empowerment Congress, cast aside her pre-written notes for public comments, and issued a new plea to the board members.“People are dying. Our community is dying,” she said. “There’s nothing that we can do unless you all help us.”

After repeated violations, the state has stepped in -- but the problems are a reminder that safe water is not available to all Americans

SUNLAND PARK, N.M. — Rosana Monge clutched her husband’s death certificate and an envelope of his medical records as she approached the microphone and faced members of the water utility board on a recent Monday in this city in southeast New Mexico.

“I have proof here of arsenic tests — positive on him, that were done by the Veterans Administration,” she testified about her husband, whose 2023 records show he had been diagnosed with “exposure to arsenic” before his death in February at age 79. “What I’m asking is for a health assessment of the community.”

State and federal records show that in each of the last 16 years, drinking water samples tested in this 17,400-person town near the Texas border have contained illegally high levels of arsenic, including in 2016 when levels reached five times the legal limit.

Naturally occurring in the soil in New Mexico, arsenic seeps into the groundwater used for drinking. In water, arsenic has no taste, odor or color — but can be removed with treatment. Over time, it can cause a variety of health problems, including cancer, diabetes and heart disease, endangering the lives of people in this low-income and overwhelmingly Latino community.

The Environmental Protection Agency has assessed Sunland Park’s water operator, the Camino Real Regional Utility Authority (CRRUA), with 120 “violation points” over the last five years, a calculation based both on the number of times the utility has violated federal standards and the level of seriousness of the violations. For utilities serving at least 10,000 people that recently had a health-related violation, the tally was second only to the 182 points collected by Jackson, Miss., where problems with the drinking water earned national attention in 2022. Sunland Park has even more issues the EPA considers unresolved than Jackson.

Anne Nigra, a professor at Columbia University who focuses on the impacts of arsenic-ladled water on Latino communities and reviewed the utility’s federally mandated water reports, called the situation in the New Mexico town “a public health crisis.”

Experts who reviewed Joe Monge’s medical records said his levels were elevated but not extraordinarily so. A single lab test, however, cannot measure long-term effects of arsenic exposure, and Rosana Monge, 65, and others in this town are convinced the elevated arsenic levels are responsible for health problems including skin lesions and fetal development complications. Despite their pleas at public meetings and elsewhere, they believe the utility has not been taking the issue seriously.

It is not entirely clear why arsenic has been allowed to seep into the water in Sunland Park year after year, though problems with infrastructure, lax enforcement of regulations and general inattention to the problem appear to be contributing factors.

Fifty years after the Safe Drinking Water Act established legal limits for toxins such as arsenic in Americans’ drinking water, some public health experts and former EPA officials say politics and money have played an outsize role in how the agency determines maximum levels of contaminants allowed in drinking water. What’s more, they say some communities across the country repeatedly exceed those levels: More than 7,400 public utilities reported a violation every quarter for the last three years, according to an analysis of the EPA’s enforcement and compliance database.

Those most impacted, experts say, are low-income areas and communities of color, such as Sunland Park, which is 94 percent Latino. Studies show Latinos are exposed to arsenic in their drinking water at higher rates than any other racial or ethnic group, even when controlling for socioeconomic factors. Similarly, Black Americans are disproportionately impacted by lead contamination in their water.

The resulting picture, experts say, is that the world’s wealthiest nation fails to consistently deliver to all its residents one of the most fundamental necessities for human life: safe drinking water.

“Why haven’t we solved these problems? Because we don’t want to,” said Ronnie Levin, a Harvard professor who was a scientist at the EPA for more than 30 years. “It’s shameful.”

Udell Vigil, a spokesman for Sunland Park’s utility, said in a statement the system is challenged by aging infrastructure, new development in the area and a statewide shortage of certified utility operators. He declined to answer questions about arsenic due to the potential of a lawsuit over the issue.

EPA spokesman Nick Conger said ensuring safe drinking water is a “top priority” for the agency, which is making enforcement of the legal limits a priority, and new federal infrastructure investments will help.

In Sunland Park, residents’ complaints mounted in December when caustic soda, used to treat water for arsenic, was dumped into the water at unsafe levels as a result of what officials said was a plant malfunction. CRRUA’s director abruptly retired, and the state’s environmental agency levied a fine.

“I think they were mismanaging at a significant level,” said John Rhoderick, director of the New Mexico Environmental Department’s water protection division, adding that the system is now “on notice.”

Some residents have now taken the first steps toward filing a lawsuit.

“This is a classic example of government at every level failing to protect public health for an inexcusable period of time,” said Erik Olson, a former attorney for the EPA who is now a senior health strategist and advocate at the Natural Resources Defense Council. “It’s outrageous it has been allowed to continue for well over a decade.”

Naturally-occurring arsenic exists in pockets throughout the United States and particularly in the southwest, requiring municipalities to set up treatment plants that use varying techniques and chemicals to separate the arsenic from the water and extract it. The utility serving Sunland Park and the nearby Santa Teresa neighborhood has four such plants.

Because arsenic is completely soluble and easily absorbed by the body, standard tests for water quality sold in stores do not typically detect it, and its range of damage to the human body is expansive. Chronic exposure can cause cancer of the skin, lung and bladder, among other kinds, as well as heart disease. It’s also associated with cognitive impairment, kidney disease, diabetes and lasting harm to fetal development. Ana Navas-Acien, professor of environmental health sciences at Columbia University, called arsenic “one of the most potent carcinogens” found in the environment.

The EPA’s history of regulating arsenic is typical of how the agency has dealt with other water toxins, former EPA officials said. After the Safe Drinking Water Act was first adopted in 1974, the arsenic level was set at 50 parts per billion (ppb) — or 50 micrograms of arsenic per liter of water. Even then, former officials said evidence had emerged from the scientific community demonstrating its detrimental effects on the human body and suggesting public health would be improved by a lower level.

The level was lowered once, in 2001, to 10 ppb, but some experts believe it is still too high.

While the EPA sets federal toxin levels, nearly all states — including New Mexico — bear the responsibility for monitoring public water utilities and flagging violations, officials said. States can also set their own contaminant standards as long as they are not looser than the EPA’s. New Jersey and New Hampshire have the level at 5 ppb for their states, as do some European countries.

“There was a lot of pressure from industry,” said James Elder, who worked at the EPA for 24 years and headed its Office of Groundwater and Drinking Water in the early 1990s, where he advocated for lowering toxin limits. “The history of arsenic is exemplary of how tortuous the process still is in regulating contaminants in drinking water.”

Regularly consuming drinking water with just 3 ppb of arsenic creates a 1 in 1,000 increased risk of bladder or lung cancer, according to a 2001 National Academy of Sciences report. “With carcinogens … there is basically no safe limit,” said Sydney Evans, a senior science analyst at the Environmental Working Group, an environmental research and advocacy group.

Last week, the EPA set a limit for a new drinking water contaminant, known as PFAS or forever chemicals — the first time the agency has set a water standard for a new contaminant since 1996.

A history of water worries

Sunland Park was founded in 1984, a decade after the passage of the Safe Drinking Water Act. Bordering Texas and Mexico, the town lies in stark desert terrain among beige mountains dotted with brush. The city is laid out as a collection of neighborhoods that dot McNutt Road like a string of pearls lying alongside the Mexico border. Cargo trains wind through the tall mountains, as does a multimillion-dollar wall along the international border, erected from private funds raised by an organization chaired by former Trump White House strategist Stephen K. Bannon.

A limestone cross that glimmers in the near-constant sun here sits atop Mount Cristo Rey, a popular mountain for pilgrims in this Catholic-dominant region. It overlooks a city where many residents say they have been concerned about the water for decades.

In the 1980s, the worry was a landfill and its accompanying incinerator that burned medical supply waste from New Mexico and El Paso. The residents said their health suffered from the water and air pollution it created.

Monge and her husband were among a group of more than a hundred residents, called the Concerned Citizens of Sunland Park, who spoke out against a permit for the landfill.

The protesters sold gorditas and other homemade food to pay for trips to the state’s capitol in Santa Fe to protest the permit. They blocked traffic and called for public hearings. Newspapers around this time reported children who were born with brain defects, as well as worms and high lead levels in tap water. Finally, in 1991, the incinerator company’s permit was denied and the state required the landfill to install a new liner to protect groundwater.

Today, Sunland Park remains a working-class community where 84 percent speak Spanish at home, with more than double the national poverty and uninsured rates, according to the U.S. Census Bureau. In a place with few professional opportunities for young people, some of the loudest voices about the water quality are the same voices that spoke up more than 30 years ago: what’s left of the Concerned Citizens protesters — retirees who are no longer working full-time and know the city’s history.

“Back then the people were stronger. Nowadays, many people are older and we can’t even carry the gallons” of store-bought water, said Elvia Acevedo, 65, in her living room where cases of bottled water are stacked. “I want to fight and get justice. For those who can no longer.”

It’s not entirely clear how the problems with arsenic in the water began, but state and federal databases show violations piled up for years, even before several regional utilities were combined to form CRRUA in 2009.

At the state level, the New Mexico Environment Department is controlled by Gov. Michelle Lujan Grisham, a Democrat elected in 2018. Matt Maez, a spokesman for the department, said the state has struggled to fix the city’s water because of budget cuts enacted under Lujan Grisham’s Republican predecessor, Susana Martinez.

Several of CRRUA’s seven board members, most of whom are elected officials, declined to comment. One, Alberto Jaramillo, who is also a city councilor, told The Washington Post he only recently learned about the area’s history of elevated arsenic. But he said he drinks the tap water and believes it is safe.

“I haven’t read what arsenic does to your body over time, but if somebody says that I got cancer because of this or that, I want to see the proof,” Jaramillo said.

Sunland Park residents woke up one morning at the end of November and turned on their sink faucets and shower heads to see a slimy, oily goo emerging from their taps. Residents reported the problem immediately but that day passed, and then the next, and CRRUA said nothing. Finally, on the fourth day, CRRUA and Doña Ana County issued a notice that the water was not safe to drink, and had not been for days.

Local officials doled out bottled water. State officials investigated, discovering that the machine in charge of releasing caustic soda, used to treat arsenic, had malfunctioned, causing an unhealthy amount of pH buildup in the water. In all, residents were without potable water for six days.

As state officials investigated, they found something else: The water had illegally high levels of arsenic. Three of the four arsenic plants “have been offline and bypassed for over a year,” the state said in a violation notice it sent to CRRUA, which did not account for the arsenic violations occurring in prior years.

CRRUA’s executive director, Brent Westmoreland, retired in December. He did not respond to requests for comment.

In January, the New Mexico Environmental Department issued a report that found 58 “significant deficiencies” in CRRUA’s water system. The state is now cracking down, levying a $251,580 fine in March. Then, a top environmental official sent a letter to the state’s attorney general and auditor urging an investigation into CRRUA for “potential violations of consumer protection laws and possible waste, fraud, and abuse of state and federal funds.”

State investigators also paid an unannounced visit to Sunland Park on March 15 and took 10 water samples, finding one was above legal arsenic limits. The state has now demanded CRRUA turn over records related to its water testing.

CRRUA is appealing the state’s administrative order. In a letter to the state, CRRUA board chair Susana Chaparro said the utility was proud of “ongoing improvements” since January. “What we were handed did not occur overnight and cannot be fixed overnight,” she said.

The water utility also recently hired its first public information officer to communicate with its customers. Its website is now regularly updated, and notices have begun to go out with Spanish translations. CRRUA recently posted a video demonstrating how its staff samples water to test for arsenic. The utility’s interim executive director Juan Carlos Crosby said in a county board meeting on April 9 that CRRUA was more than halfway through correcting the deficiencies identified by the state and is now testing for arsenic twice a month.

Eric Lopez, a consultant who recently began overseeing the arsenic plants, said CRRUA is also adding new technology to be able to monitor the water’s chemical and contaminant levels remotely.

But many residents are unconvinced that change will come without more dramatic intervention from state or federal agencies. Resident Lorenzo Villescas, 68, said officials had a playbook for what was happening in Sunland Park.

“I compare this to Flint,” he said, referring to the Michigan city where problems with lead in the water sparked national outrage 10 years ago this month. There, “the authorities denied it was bad, too.”

Residents have been pleased by the new attention from state and local officials in recent months but have wondered if it’s only come about because newer and wealthier residents in growing developments around the city have also now been affected.

“They discovered this now because the water came out bad in the new areas, where the rich people live,” said Isabel Santos, 65, a former interim mayor and city council member who was also once president of the Concerned Citizens of Sunland Park and now wants to revive the group.

Villescas has lesions on his skin and wonders if it is from drinking the arsenic-laden water. So does Maria Lucero, 66, whose family helped found this town but is now looking to move out because of the water.

Irene Rodriguez, 62, is surrounded by cancer: Her husband, her mother and three of her four siblings were diagnosed with it. They only recently started to wonder if their water was to blame. She has stopped even brushing her teeth with it.

Ofelia Garcia, 81, said many of her friends and neighbors have died of thyroid cancer. “A lot of people down here die from cancer. But we don’t know if it’s from the water for sure,” she said.

At a ranch full of high-end horses that compete at a local racetrack, horses kept dying, said a former employee who spoke on the condition of anonymity for fear of offending the utility. He said he quit and now only gives the horses he raises bottled drinking water.

Acevedo said she drank the tap water here for a long time, including when she was pregnant with her son Mikey. She said he was born with Down syndrome as well as thyroid problems, asthma and diabetes, while her other two children, who were born in California before she moved to Sunland Park, were born healthy.

In March, three friends of hers who were born and raised in Sunland Park died of cancer. She blames the water.

“People are dying from this,” she said. “We’re paying for something that’s poisoning us.”

With residents distrustful of the utility, it is common in Sunland Park to see water bottles piled up in garbage cans and stacked by the dozens in living rooms and kitchens. Some people drive to nearby El Paso for water while others say they boil the water before use, which experts said actually concentrates arsenic rather than removing it.

In a door-to-door survey conducted by Empowerment Congress in March, 317 out of 490 people said they were not using the tap water to drink or cook.

About 11 years ago, Monge’s husband developed prostate and thyroid cancer. Several years ago, he began to hallucinate and grew weak. She took him from doctor to doctor in hopes of finding out what was wrong. His February death was officially attributed to Parkinson’s disease. A bugler played “Taps” before the decorated Vietnam War veteran was buried on a crisp March morning in Arlington National Cemetery.

Monge, who has lived in town for over 40 years, now wonders if other conditions in her family — one of her daughters was born premature at two pounds, another one developed a tumor in her late teens, while Monge herself was diagnosed with multiple sclerosis — could be related to prolonged arsenic exposure.

Experts say arsenic can cause many of the conditions cited by residents though such diseases are also rampant in low-income communities of color even without dangerous water conditions. “There’s a lot of parts of injustice in poor, Latino communities. … But how do you just nail down one? How do you just say — look, is this the thing that’s killing you?” asked Israel Chávez, a lawyer representing residents.

After Monge spoke at the CRRUA board meeting about her late husband, Vivian Fuller, a field organizer for Empowerment Congress, cast aside her pre-written notes for public comments, and issued a new plea to the board members.

“People are dying. Our community is dying,” she said. “There’s nothing that we can do unless you all help us.”

Read the full story here.
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Revealed: Thames Water diverted ‘cash for clean-ups’ to help pay bonuses

Exclusive: UK’s biggest water company assessed risks before cutting back on cost of environmental work, investigation showsThames Water intentionally diverted millions of pounds pledged for environmental clean-ups towards other costs including bonuses and dividends, the Guardian can reveal.The company, which serves more than 16 million customers, cut the funds after senior managers assessed the potential risks of such a move. Continue reading...

Thames Water intentionally diverted millions of pounds pledged for environmental clean-ups towards other costs including bonuses and dividends, the Guardian can reveal.The company, which serves more than 16 million customers, cut the funds after senior managers assessed the potential risks of such a move.Discussions – held in secret – considered the risk of a public and regulatory backlash if it emerged that cash set aside for work such as cutting river pollution had been spent elsewhere.This could be seen as a breach of the company’s licence commitments and leave it vulnerable to accusations it had broken the law, according to sources and material seen by the Guardian.Thames Water continued to pay staff bonuses worth hundreds of thousands of pounds, and also paid tens of millions in dividends as recently as March this year, while cutting back on its spending promises. The company did so despite public claims from its leaders that improvements to its environmental performance, including on pollution, were a priority.Wildlife presenter Liz Bonnin and naturalist and TV presenter Chris Packham join thousands of environmental campaigners from more than 130 organisations in a March for Clean Water on 3 November 2024 in London. Photograph: Mark Kerrison/In Pictures/Getty ImagesSources told the Guardian that internal deliberations about cutting back on the environmental works occurred as early as the end of 2021 and throughout 2022, when bosses weighed up the political and reputational risks of such a move.Meanwhile, Thames continued to charge customers for the works and Ofwat was only formally told of some of the company’s plans not to deliver these major projects in August 2023. A letter, seen by the Guardian, was sent to the head of the regulator Ofwat, David Black, by the company’s then interim co-chief executive and former boss of the watchdog, Cathryn Ross.In its response to the Guardian and the 2023 letter to Ofwat, Thames said sharp increases in its costs such as energy and chemicals – which it claims went beyond standard measures of inflation – lay behind its decisions to delay the works.It told the regulator that it would not deliver 98 of 826 schemes under the water industry national environment programme (Winep) during the five-year window it had promised. The delivery of these projects, which include schemes to reduce phosphorus pollution in rivers, was a key justification for how much Thames was allowed to charge customers.The revelation comes as Britain’s biggest water company fights for its survival. It is trying to secure £3bn in emergency funding and at least £3.25bn more in equity investment to prevent its collapse, after years of poor performance, fines and hefty dividend payouts.Winep projects include statutory obligations for water companies with potential criminal liability if they breach their licence by failing to deliver them.Thames decided behind the scenes to hold up almost 100 projects as early as 2022 without first warning its regulators. Sources said of some of the projects Thames delayed were among the largest it agreed to do when it asked Ofwat for higher bills as part of its 2019 price review.The cuts to environmental works did not stop the company from paying dividends or bonuses to staff. It continued to pay both throughout the 2020-25 billing period, for which it claimed it lacked the funds to complete works.Ofwat fined the company £18.2m on 19 December for breaching rules on paying “unjustified” dividends, after the company paid out £37.5m in October 2023 and £158.3m in March 2024. On the same day it also gave Thames permission to increase consumer bills by 35% by 2030.Thames’s regulated water services are part of a sprawling network of holding companies. Dividends were paid out of its operating company up towards its shareholders.Ofwat’s dividend rules, which were toughened in April 2023, are meant to stop companies taking money out businesses where their performance does not merit it, and where the payouts do not take financial resilience into account, or “service delivery for customers and the environment”.A spokesperson for Thames Water did not deny that it had delayed environmental works that it had promised and been paid to carry out. The spokesperson also did not deny that some of the funds had been used for other business costs including bonuses and dividend payments.When first asked for a response by the Guardian, Thames said that allegations that it had diverted funds were “entirely false and without merit”.In a later statement, Thames said only that the allegation that it did so “secretly” was false.In public statements from its six chief executives over the past five years, Thames has consistently maintained its position that environmental improvements are a high priority for the company.“Maintaining and improving the health of the rivers in our area matters to me, and I have made reducing pollution a key part of the turnaround plan for the company,” Chris Weston, the current chief executive at Thames Water, said in a river health report published by the company this year. His comments echo those of predecessors in the top job at the water company.The document states that “addressing the level of nutrients (particularly phosphorus) in our rivers remains a key focus”, despite the company secretly trying to cut the money pledged to address such concerns.Phosphorus in rivers and waterways can cause algal blooms that suffocate wildlife.“It is right that we are held to account for complying with our legal obligations,” Weston said on a call with journalists on 10 December, as he noted a sharp increase in pollution caused by the business.“We’ve also maintained high levels of capital investment for the benefit of our customers and the environment,” its former joint chief executive and chief financial officer Alastair Cochran said on the same call.The government’s Winep effort was created to address water companies’ “role in protecting and enhancing the environment” after a series of sewage and pollution scandals. It was intended to “challenge” water suppliers to provide resilient, safe and environment enhancing services to consumers.Thames could face criminal prosecution and unlimited fines if it was found to have breached its permits by Ofwat or the Environment Agency (EA).The EA has fined water companies more than £130m since 2015 and fined Southern Water £90m in 2021, after what was then its largest ever criminal investigation.In response to detailed questions from the Guardian, a Thames spokesperson said: “The allegation of ‘secretly diverted money’ is entirely false and without merit.“The board and leadership team of Thames Water remain focused on turning round the business, and have submitted to Ofwat a robust business plan for the next five years that proposes record investment in our assets.“We’ve been very open about the challenges of delivering all the elements of our Winep 7 programme, which has been impacted by cost increases that are higher than the inflation index applied to our allowances. In this Winep 7 period, we are forecast to spend £601m against an allowance of £369m. This is well documented in our business plan for 2025-30 and on our website.“We remain fully committed to delivering all our Winep commitments, and indeed all the outstanding projects are currently under way and in the process of being delivered.“Shareholders have not received an external dividend since 2017, and our business plan assumes dividends will not be paid before 2030.”

South Texas Groups Sue State Agency for Allowing SpaceX to Discharge Industrial Water Without Permit

Rio Grande Valley groups are accusing the Texas Commission on Environmental Quality in a lawsuit of bypassing state regulations by allowing SpaceX to temporarily discharge industrial water at its South Texas launch site without a proper permit

MCALLEN, Texas (AP) — Rio Grande Valley groups are suing the Texas Commission on Environmental Quality, accusing the agency of bypassing state regulations by allowing SpaceX to temporarily discharge industrial water at its South Texas launch site without a proper permit.The groups — the South Texas Environmental Justice Network, along with the Carrizo/Comecrudo Nation of Texas, and Save RGV — filed the lawsuit Monday after the agency decided last month to allow SpaceX to continue its operations for 300 days or until the company obtained the appropriate permit.It is the latest in a string of lawsuits filed by environmental groups aimed at curbing the possible environmental impacts of SpaceX’s operations at Boca Chica on the southern tip of Texas.Earlier this year, TCEQ cited SpaceX for discharging water into nearby waterways after it was used to protect the launchpad from heat damage during Starship launches four times this year.SpaceX did not admit to any violation but agreed to pay a $3,750 penalty. Part of the penalty was deferred until SpaceX obtains the proper permit and on the condition that future water discharges meet pollution restrictions.The environmental groups say that allowing SpaceX to continue is a violation of permitting requirements and that TCEQ is acting outside of its authority.“The Clean Water Act requires the TCEQ to follow certain procedural and technical requirements when issuing discharge permits meant to protect public participation and ensure compliance with Texas surface water quality standards,” Lauren Ice, the attorney for the three Rio Grande Valley organizations, said in a statement.“By bypassing these requirements, the Commission has put the Boca Chica environment at risk of degradation,” Ice said.A TCEQ spokesperson said the agency cannot comment on pending litigation.Some of the Rio Grande Valley groups are also involved in a lawsuit against the Federal Aviation Administration for allegedly failing to conduct an environmental review of SpaceX’s rocket test launch in April. The case remains pending in federal court.They also sued the Texas Parks and Wildlife Department for agreeing to a land exchange that would give 43 acres of Boca Chica State Park to SpaceX in exchange for 477 acres adjacent to Laguna Atascosa National Wildlife Refuge. SpaceX canceled the deal in November.This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Sept. 2024

After Victory Over Florida in Water War, Georgia Will Let Farmers Drill New Irrigation Wells

For more than a decade, farmers in parts of southwest Georgia haven’t been able to drill new irrigation wells to the Floridian aquifer

ATLANTA (AP) — Jason Cox, who grows peanuts and cotton in southwest Georgia, says farming would be economically impossible without water to irrigate his crops.“I'd be out of business,” said Cox, who farms 3,000 acres (1,200 hectares) acres around Pelham.For more than a decade, farmers in parts of southwest Georgia haven't been able to drill new irrigation wells to the Floridian aquifer, the groundwater nearest the surface. That's because Georgia put a halt to farmers drilling wells or taking additional water from streams and lakes in 2012. Farmers like Cox, though, will get a chance to drill new wells beginning in April. Gov. Brian Kemp announced Wednesday that Georgia's Environmental Protection Division will begin accepting applications for new agricultural wells in areas along the lower Flint River starting April 1. Jeff Cown, the division's director, said in a statement that things have changed since 2012. The moratorium was imposed amid a parching drought and the collapse of the once-prolific oyster fishery in Florida's Apalachicola Bay. The state of Florida sued in 2013, arguing that Georgia's overuse of water from the Flint was causing negative impacts downstream where the Flint and Chattahoochee River join to become the Apalachicola River. But a unanimous U.S. Supreme Court in 2021 rejected the lawsuit, saying Florida hadn't proved its case that water use by Flint River farmers was at fault.That was one lawsuit in decades of sprawling litigation that mostly focused on fear that Atlanta’s ever-growing population would suck up all the upstream water and leave little for uses downstream. The suits include the Apalachicola-Chattahoochee-Flint system and the Alabama-Coosa-Tallapoosa system, which flows out of Georgia to drain much of Alabama. Georgia also won victories guaranteeing that metro Atlanta had rights to water from the Chattahoochee River's Lake Lanier to quench its thirst.Georgia officials say new water withdrawals won't disregard conservation. No new withdrawals from streams or lakes will be allowed. And new wells will have to stop sucking up water from the Floridian aquifer when a drought gets too bad, in part to protect water levels in the Flint, where endangered freshwater mussels live. New wells will also be required to be connected to irrigation systems that waste less water and can be monitored electronically, according to a November presentation posted by the environmental agency.In a statement, Cown said the plans "support existing water users, including farmers, and set the stage to make room for new ones. We look forward to working with all water users as they obtain these newly, developed permits.”Georgia had already been taking baby steps in this direction by telling farmers they could withdraw water to spray vulnerable crops like blueberries during freezing temperatures.Flint Riverkeeper Gordon Rogers, who heads the environmental organization of the same name, said Georgia's action is “good news.” He has long contended that the ban on new withdrawals was “an admission of failure," showing how Georgia had mismanaged water use along the river. But he said investments in conservation are paying off: Many farmers are installing less wasteful irrigators and some agreed to stop using existing shallow wells during drought in exchange for subsidies to drill wells to deeper aquifers that don't directly influence river flow.“What we’re going to do is make it more efficient, make it more equitable and make it more fair," Rogers said. "And we’re in the middle of doing that.”A lawyer for Florida environmental groups that contend the Apalachicola River and Bay are being harmed declined comment in an email. Representatives for the Florida Department of Environmental Protection and state Attorney General Ashley Moody did not immediately respond to requests for comment.Cox, who lives about 165 miles (265 kilometers) south of Atlanta, said he's interested in drilling a new well on some land that he owns. Right now, that land relies on water from a neighboring farmer's well. He knows the drought restrictions would mean there would be times he couldn't water his crops, but said data he's seen show there wouldn't have been many days over the last 10 years when he would have been barred from irrigating, and that most of those days wouldn't have been during peak watering times for his crops.Three years ago, Cox drilled a well for some land into a deeper aquifer, but he said even spending $30,000 or more on a shallower well would boost the productivity and value of his land.“It would enhance my property if I had a well myself," Cox said.Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Sept. 2024

South Texas groups sue TCEQ for temporarily allowing SpaceX to discharge industrial water without a permit

In the lawsuit, the groups accuse TCEQ of exceeding its authority by allowing the discharges.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news. McALLEN — Rio Grande Valley groups are suing the Texas Commission on Environmental Quality, accusing the agency of bypassing state regulations by allowing SpaceX to temporarily discharge industrial water at its South Texas launch site without a proper permit. The groups — the South Texas Environmental Justice Network, along with the Carrizo/Comecrudo Nation of Texas, and Save RGV — filed the lawsuit Monday after the agency decided last month to allow SpaceX to continue its operations for 300 days or until the company obtained the appropriate permit. It is the latest in a string of lawsuits filed by environmental groups aimed at curbing the possible environmental impacts of SpaceX’s operations at Boca Chica on the southern tip of Texas. Earlier this year, TCEQ cited SpaceX for discharging water into nearby waterways after it was used to protect the launchpad from heat damage during Starship launches four times this year. SpaceX did not admit to any violation but agreed to pay a $3,750 penalty. Part of the penalty was deferred until SpaceX obtains the proper permit and on the condition that future water discharges meet pollution restrictions. The environmental groups say that allowing SpaceX to continue is a violation of permitting requirements and that TCEQ is acting outside of its authority. “The Clean Water Act requires the TCEQ to follow certain procedural and technical requirements when issuing discharge permits meant to protect public participation and ensure compliance with Texas surface water quality standards," Lauren Ice, the attorney for the three Rio Grande Valley organizations, said in a statement. "By bypassing these requirements, the Commission has put the Boca Chica environment at risk of degradation," Ice said. The most important Texas news,sent weekday mornings. A TCEQ spokesperson said the agency cannot comment on pending litigation. Some of the Rio Grande Valley groups are also involved in a lawsuit against the Federal Aviation Administration for allegedly failing to conduct an environmental review of SpaceX's rocket test launch in April. The case remains pending in federal court. They also sued the Texas Parks and Wildlife Department for agreeing to a land exchange that would give 43 acres of Boca Chica State Park to SpaceX in exchange for 477 acres adjacent to Laguna Atascosa National Wildlife Refuge. SpaceX canceled the deal in November. Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc. Disclosure: Texas Parks And Wildlife Department has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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