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WED: NM water board plans for more oil and gas wastewater use despite strong opposition, +More

Pat Florence, a biochemist and attorney was one of about 50 public speakers at Tuesday’s Water Quality Control Commission Meeting, urging the commission to not continue hearing a rule which would expand uses for oil and gas wastewater.
Danielle Prokop
/
Source New Mexico
Pat Florence, a biochemist and attorney was one of about 50 public speakers at Tuesday’s Water Quality Control Commission Meeting, urging the commission to not continue hearing a rule which would expand uses for oil and gas wastewater.

Amid strong opposition, New Mexico water board lets plan for more oil and gas wastewater use proceed — Danielle Prokop, Source New Mexico

The New Mexico board overseeing water regulations quashed robust public opposition Tuesday seeking to stop a proposal that would allow much wider use of oil and gas wastewater that environmental advocates say could contaminate the state’s limited supply of drinking water.

Dozens of people spoke during a three-hour public comment period that drew over 100 attendees to the Water Quality Control Commission Meeting at the Roundhouse. Most objected to the renewed effort to change rules about disposal of wastewater, a potentially toxic byproduct of oil and gas extraction. State law currently limits disposal to oilfields and recently extended disposal in concrete pits for pilot projects to test treatment technologies.

Opponents included conservation nonprofits such as Sierra Club Rio Grande Chapter, Amigos Bravos, Western Environmental Law Center, among others; members from acequias and several health care workers. Sen. Harold Pope presented a letter from 25 Democratic lawmakers, urging the commission to keep the current rule in place.

“Reopening this issue undermines the Democratic process and disrespects the public’s investment of time and trust,” said Pope, a Democrat from Albuquerque. “There has been no new, no new peer-reviewed, published scientific evidence presented.”

Proponents for the changes say allowing the byproduct – also known as produced water – to be used for more industrial, construction and agricultural purposes would mean less tapping into fresh sources used for drinking.

An industry group known as WATR, which stands for Water, Access, Treatment and Reuse (WATR) Alliance, with board members from oil and gas giants Chevron, ConocoPhillips, Occidental Petroleum and other industry interests, put forward the new proposal in June, just a month after the state water commission adopted rules to allow for pilot projects, but no discharges into surface or groundwater.

WATR’s proposed rule would allow 13 counties to use the treated produced water for uses such as watering livestock, “non-food crops,” construction and release into the environment.

“I think that this commission should hear from the communities where the water’s being produced, from the communities who see the water being transported to Texas every day,” Jennifer Bradfute, an attorney for WATR Alliance told commissioners Tuesday. “They see and witness the missed opportunity for New Mexicans to treat and use that water in their own projects, for their own economic development.”

The 12-member board rejected three motions from environmental groups Tuesday to toss WATR’s proposal altogether or to request additional time to prepare for a future hearing. The board’s vote Tuesday means the proposal to expand use of oil and gas wastewater will be considered at a hearing tentatively scheduled for November.

Attorneys for New Mexico environment and conservation groups called Tuesday’s vote a “travesty” and “disappointment,” saying they’d seek further legal options.

“They completely shut the public out of the process today,” Mariel Nanasi, executive director and attorney at nonprofit New Energy Economy, told Source New Mexico after the hearing.

“As young people, we’re extremely disappointed that the Commission chose to side with polluters,” said Vittoria Judy with Youth United for Climate Crisis Action in a statement after the meeting. “The industry’s toxic waste crisis is not our problem to solve, and if regulators won’t protect us, we’ll keep fighting to defend our water and our future.”

It’s the latest development in a tense policy debate to address New Mexico’s water scarcity driven by climate change, clashing with oil and gas and the industry’s political influence in New Mexico.

The New Mexico oil and gas industry generates billions of gallons of wastewater. The mixture is extremely salty and poses challenges for treatment since it can contain radioactive materials, heavy metals, toxic chemicals and cancer-causing compounds from the oil and gas, such as benzene. Oil and gas companies can use compounds protected as trade secrets in the mixture, which do not have to be disclosed to regulators or the public.

Powerful proponents for treating the water include Democratic Gov. Michelle Lujan Grisham and Rep. Nathan Small (D-Las Cruces), chair of the House Appropriations and Finance Committee.

“Setting standards for reusing treated wastewater would create the regulatory pathway to offset industrial demand for freshwater while protecting our families, farmers and communities,” Jodi McGinnis Porter, a spokesperson for the governor, said in a written statement. “The governor supports the Water Quality Control Commission considering the reuse petition and reaching a decision based on thorough review of all scientific data and expert testimony presented by the parties.”

Water Commissioner Bill Brancard, who said he opposed WATR’s proposal, warned their attorneys to limit the scope of the changes, saying that they’ll be “raked over the coals” in the upcoming public hearing for the broad proposed uses.

“It was never in the intent of the commission when we passed the last set of regulations to go from nothing to 60 in two seconds,” he said during Tuesday’ hearing. “The goal was incremental changes built on what the commission has built. Instead, you’re proposing to completely repeal the entire effort of the commission and do something that nobody considered from the beginning.”

 

Congresswoman Melanie Stansbury wants to prevent more downsizing at Social Security offices — Cathy Cook, Albuquerque Journal

New Mexico Congresswoman Melanie Stansbury is pushing to ensure Congress gets a say in any downsizing at the Social Security Administration.

“We don’t think it’s likely that the current Congress will take it up, because the current Congress is currently trying to dismantle so many of these programs,” said Stansbury, a Democrat. “But we felt it was important to take a strong stand and say, ‘Do not privatize Social Security.’”

Thursday will be the 90th anniversary of the social safety net program, which delivers monthly payments to more than 460,000 New Mexicans.

Staffing at the Social Security Administration has declined after Department of Government Efficiency, or DOGE, efforts to cut down the number of federal employees. The Social Security Administration lost close to 20% of its field office staff over the last year, according to Axios reporting.

New Mexico was one of five states to lose 10% or more of its field office staff between March 2024 and March 2025, according to a July report from the Strategic Organizing Center, a labor group organizing coalition.

Stansbury introduced the Hands Off Our Social Security Act last month with fellow Democratic Reps. John Larson and Joe Neguse of Colorado and Julie Johnson of Texas. The bill would make it illegal for a presidential administration to privatize Social Security and require consent from Congress to downsize the agency.

It would also require the Social Security Administration to maintain access to the public through in-person visits or phone calls and increase privacy protections for data kept by the agency.

President Donald Trump repeatedly promised not to cut Social Security during his presidential campaign and after taking office.

“Social Security will not be touched. It will only be strengthened,” Trump said in a February news conference.

In July, Trump’s office celebrated a new tax deduction for seniors aged 65 and older as a way to cut taxes on Social Security benefits.

But Stansbury is concerned staff cuts are part of a long-term Republican strategy to privatize Social Security.

“They want it to break down so that they can make the argument that they have to privatize it,” Stansbury said.

 

Rancho Viejo solar project public meeting runs late for second consecutive day — Mark Haslett

 

In Santa Fe this week, the Rancho Viejo proposed solar energy project has been the focus for Santa Fe County commissioners.

The Santa Fe New Mexican reports the commission has met for two days of dense, heated testimony totaling more than 20 hours of debate on the proposal and will reconvene this morning at 9 a.m. to “continue questioning of the applicant and staff.” Last night’s meeting included about 150 members of the public who were on the agenda for comment.

The proposed project from Virginia-based AES Corporation would build a large solar energy and battery energy storage facility about 3 miles south of Santa Fe and a mile and a half from Eldorado. Supporters of the project have cited the potential to use solar energy to generate enough electricity to power the entire residential needs of Santa Fe. Opponents have cited danger from overheating lithium ion batteries, creating fire dangers through a “thermal runway,” as well as other concerns. The New Mexican reports the project would sit on an 800-acre site and include a 2.3-mile generation line located roughly four miles east of La Cienega.

When the Commissioners re-convene this morning, they could potentially vote today on whether to uphold a conditional use permit for the Rancho Viejo project issued by the county Planning Commission earlier this year. However, Commission Chair Camilla Bustamante told the New Mexican that she doesn’t think commissioners will vote today.