WQCC Caves to Oil and Gas Pressure, Advances WATR Petition Despite Science, Law, and Overwhelming Public Opposition

“As young people, we’re extremely disappointed that the Commission chose to side with polluters.” – Vittoria Judy with Youth United for Climate Crisis Action.

Photos Courtesy of Sharon Argenbright

Organization Press Release – From New Energy Economy, Indivisible Albuquerque, YUCCA, and McKinley Collaborative for Health Equity.

SANTA FE, NM – In a move that defies both science and public will, the New Mexico Water Quality Control Commission (WQCC) voted today to advance the so-called “WATR Alliance” petition. The Commission voted down a Motion for reconsideration, a Motion to dismiss the Petition outright, and a Motion requesting the formation of a diverse stakeholder advisory committee.

Instead the Commission voted to undermine its own unanimously adopted May 2025 rule, (WQCC 23-84), by allowing the WATR Alliance petition to move forward—opening the door for treated oil and gas waste, known as “produced water,” to be discharged into our environment without first adopting protective, scientifically based water quality standards.

Three hours of public testimony included over fifty impassioned speakers from environmental justice organizations, tribal communities, acequia parciantes, faith groups, public health professionals, epidemiologists, doctors, farmers, parents, youth, and concerned residents from across the state.

Senator Pope spoke on behalf of 25 legislators who oppose the WATR petition and the New Mexico State Land Commissioner also spoke in opposition to the WATR Petition and the procedural redo. Dozens of speakers expressed outrage that the WATR Alliance is composed of the very same industry interests that participated in WQCC 23-84 and have challenged the rule on appeal.

Speaker after speaker pointed out that the Water Quality Control Commission (WQCC) just spent 18 months reviewing expert testimony, peer-reviewed research, and public comment before unanimously adopting its rule in May 2025, (WQCC 23-84), prohibiting the discharge or reuse of produced water off the oil field.

That decision was based on one simple fact: there is no scientific proof that treated produced water is safe for human health or the environment.

Even the most recent study published in May of this year by NMSU Produced Water Research Consortium researcher Dr. Pei Xu admits that “comprehensive studies assessing the impact of treated PW [produced water] exposure on human health are still lacking.” (Comprehensive cytotoxicity assessment of treated produced water from thermal distillation using human cell lines, May 2025, https://www.sciencedirect.com/science/article/abs/pii/S2214714424013783)

By granting this petition, the WQCC has:

• Undermined the Water Quality Act, which clearly requires scientific evidence to undergird any use of produced water outside the oilfield.
• Ignored the legislature’s intent to protect New Mexicans from risky and irreversible contamination of our connected aquifers.
• Advanced industry-backed efforts without ensuring enforceable safeguards for human health, ecosystems, or long-term water security.

“This isn’t about science,” said Anna Rondon of the McKinley Collaborative for Health Equity. “It’s a political maneuver by oil and gas lobbyists and consultants trying to repackage toxic waste as a water solution. Nothing has changed except industry pressure.”

“What we saw today wasn’t democracy — it was the Governor and industry insiders manipulating a public process to get the outcome they wanted,” said Mariel Nanasi, Executive Director of New Energy Economy and lead author of the motion to dismiss the WATR petition outright. “There is science and evidence behind the WQCC’s original rule. There is nothing but oil and gas dollars behind this fraudulent petition.”

“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. “The recently passed Wastewater Reuse Rule was won through months of evidentiary proceedings and stakeholder engagement with participation from credible experts, diverse community members, and even legislators. No amount of rebranding or pressure from the oil and gas industry should undo that. 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 hard to see this as anything other than a backroom deal,” said Sandy Stulberg, Indivisible Albuquerque. “It seems that the Governor’s administration is enabling oil and gas insiders to short-circuit the public process and rewrite the rules in their favor. New Mexicans deserve clean water, transparency, and honest governance—not a regulatory system manipulated by political pressure and corporate lobbying,” said Stulberg.

“This ruling is reckless and a betrayal of public trust,” said Elaine Cimino from Common Ground Rising  “We cannot gamble with our drinking water and agricultural resources to satisfy the demands of the oil and gas lobby. Once an aquifer is contaminated, there is no going back.”

As Terry Sloan, Director of NGO SW Native Cultures, an accredited member of the United Nations, shared in his comment at the hearing:

“Water is Life. We must stop this attempt, after decisions were made in May 2025, to say NO!!!  Now oil and gas is again trying to get the green light to be allowed to dump radioactive toxic waste (PFAS) onto precious sacred NM lands, agriculture and into our rivers, aquifers, lakes, arroyos, acequias and drinking water. No Tribal Consultation, scientific review or public engagement has occurred.   Where is our Democratic process in this?   This is potential Ecocide – crimes against Mother Earth and the environment, are about to happen and an environmental disaster that our Land of Enchantment and New Mexicans may never recover from.   As you well know, Radioactive decay takes thousands of years.   Big and small oil and gas must not be allowed to contaminate our Sacred and precious New Mexico water, land and agriculture.  Do we want radioactive Hatch green chili?  We must focus on remediation of the tens of thousands of wells, 30,000 – 40,000 wells, that will be left and or abandoned by oil and gas for NM taxpayers to live with and clean up, our next generations of children and their children’s children will have to deal with. Where will we get the Billions of dollars needed to clean up this mess? 

Ahee’hee, Kwaq’Kwai, Thank you.

Terry Sloan, Director, Southwest Native Cultures. 

Oil and gas needs a resolution to their disposal problem because underground wastewater injection has not only caused earthquakes and blowouts, but is now a direct threat to oil production economics in the nation’s most prolific basin.