25 New Mexico Legislators Urge Water Quality Control Commission to Protect State Waters and Uphold Prior Decisions
State Legislators’ Press Release – From Members of the New Mexico House and Senate.
“We can’t let powerful interests rewrite the rules until they get the outcome they want.” – State Senator Harold Pope.
SANTA FE, NM – Today, 25 New Mexico legislators sent a letter to the Water Quality Control Commission (WQCC) urging them to reconsider their July decision to hold a hearing on a petition from the newly formed Water Access Treatment and Reuse (WATR) Alliance.
The petition seeks to allow discharge of oil and gas waste in 13 counties. In our letter (attached), we highlight the importance of respecting the time and effort of more than 100 New Mexicans who came to provide comments at the WQCC 23-84 (R) hearing.
We emphasize that the Commission has already decided this matter after an 18-month process that was thorough, transparent, and based on both scientific evidence and the requirements of the New Mexico Water Quality Act.
The Commission’s final order, which represents the current state of both the law and the science, and importantly, puts health and safety above industry priorities, concluded that there is “insufficient scientific support for the proposition that any discharges of treated or untreated produced water would be protective of ground or surface water.”
The WATR Alliance petition was filed before the Commission’s protective rule had even taken effect. That rule already contains a five-year sunset provision to allow for new scientific developments, but the WATR Alliance’s petition does not present any new peer-reviewed, publicly available research to justify a new hearing.
Many of the key members and funders of the WATR Alliance, including Chevron, Occidental, and ConocoPhillips, are identical to those represented by NMOGA in the earlier rulemaking. Others, including board members and testifying experts, participated directly in WQCC 23-84 (R). They had the opportunity to present their case fully at that time.
We also note that NMOGA has already appealed the WQCC 23-84 rule to the New Mexico Court of Appeals. Trying to relitigate the same issue in parallel wastes public resources, undermines the rulemaking process, and erodes public trust in fair governance.
Senator Harold Pope Jr., stated, “It’s hard to believe that the very same industry insiders who pushed the last rule and even directors from seven out-of-state companies who stand to profit are trying to get another shot before the ink is even dry.
“This is about money and influence, not what’s best for New Mexicans. We can’t let powerful interests rewrite the rules until they get the outcome they want. The Water Quality Control Commission should stand with our communities, protect our water, and reject this sham effort outright.”
Representative Joanne Ferrary, added, “Without adequate quality standards, New Mexico land and water cannot be protected by the treatment processes the WATR Alliance champion. The proposed water standards are not adequate because they do not include measures for hundreds of substances that are found in produced water. It’s like measuring your height with a scale. It makes no sense.
“At the last rulemaking, the lack of scientific evidence necessary to determine adequate treatment and quality standards was a determining factor in the Commission’s decision to prohibit discharge of oil and gas waste. That fact has not changed.”