Staff report
More than two dozen New Mexico State legislators delivered a letter to the Water Quality Control Commission (WQCC) urging it to reconsider its plan to authorize pilot treatment projects discharging treated produced water to groundwater.
The 27 lawmakers who signed the letter are requesting a halt to these projects until scientifically based quality standards specific to oil and gas waste are developed and permits are issued as required by the Produced Water Act.
The letter addresses the WQCC’s vote on April 8 and 9 to authorize the discharge of 2,000 barrels per day of treated produced water to groundwater under WQCC 23-84 (R) rulemaking. It also questions a Notice of Intent procedure for closed-loop pilot projects. The WQCC is scheduled to officially adopt the rule language on May 13.
The legislators’ letter calls for a prohibition of permits for pilot treatment projects outside the oilfield without established scientific standards for treatment and water quality. At a minimum, the letter states that any pilot projects should only be authorized with a formal public input and hearing process through a permit, if they are “closed loop” with no discharge to water, and if they operate under strict scientific standards adopted by NMED and vetted by the WQCC.
“New Mexicans understand that water is the source of all life. Where water flows, life follows. And we are watching in alarm as our water dwindles, under threat from increased extraction, forever chemicals and a changing climate,” Sen. Harold Pope said. “To permit the contamination of our water is not only reckless—it’s a betrayal of the people we serve, the land we depend on and the generations yet to come.”
The letter raised concerns about the potential harm to land, water, and public health from discharging treated oil and gas waste without proper standards. It also challenged the WQCC’s decision to allow “closed loop” pilot projects under a Notice of Intent procedure, arguing that it does not comply with the Produced Water Act’s requirement for a permit for any use of produced water outside the oilfield.
“Until it is proven to be safe, and we’re a long way from that, treated produced water from oil and gas operations should not be put in our taps, used to irrigate our fields, or released into our rivers and aquifers,” Rep. Matthew McQueen, Chairman House Energy, said.
