WILDEARTH GUARDIANS News:

SANTA FE — New Mexicans delivered a clear message to the New Mexico Water Quality Control Commission again: “Do not allow oil and gas waste into our water.”

After more than four hours of public testimony, an overwhelming majority of public comments —roughly 90% or more—opposed the newest industry-backed proposal to allow reuse and potential discharge of “treated” oil and gas waste known as “produced water.” The commission did not reach a decision and delayed any vote on whether to hold a hearing on the rule until its next meeting.

The latest proposal, brought by industry-backed petitioners, seeks to reopen the door to discharging “treated” oil and gas waste despite the commission’s 2025 rule prohibiting it and its November 2025 decision to vacate a prior industry-driven rulemaking attempt. That earlier process was marked by significant controversy and public concern over political interference, including evidence that the governor’s office directed appointees to push the proposal “over the finish line.”

In the days leading up to the hearing, a broad coalition—including WildEarth Guardians, Amigos Bravos, New Energy Economy, Sierra Club, Citizens Caring for the Future, Center for Biological Diversity, Western Environmental Law Center, and the New Mexico State Land Office—filed multiple motions to dismiss and motions to show cause, alongside a new analysis from WildEarth Guardians demonstrating that the studies cited by industry do not establish the safety of produced water reuse or discharge.

These filings argue the petition is:

• Legally deficient and incomplete
• Inconsistent with the Water Quality Act
• Based on misrepresented science
• Tainted by procedural and political concerns

Today’s hearing comes as new spill data records over 9,000 oil and gas related spills in the first quarter of 2026, and continues to show major releases of oil and gas waste across New Mexico, highlighting ongoing failures to manage produced water safely. 

The commission will revisit the proposal at its May 12 meeting.

Advocates say the core issue remains unchanged: If the state cannot define, measure, and control this waste, it cannot allow its use.

Quotes from Participating Organizations:

“Once again the oil and gas industry and its allies are trying to shove toxic wastewater down our throats and once again we will resist.” – New Mexico Commissioner of Public Lands Stephanie Garcia Richard

“This is Groundhog Day. The industry keeps bringing back the same proposal with the same fundamental flaws—incomplete science, undisclosed chemicals, and no evidence it can be done safely. Even before expansion, industry is spilling this waste at record volumes every six hours across the state. Nothing about the risk has changed, and neither has the public’s opposition.” – Rebecca Sobel, Climate & Health Director, WildEarth Guardians

“In my experience as a commission observer for more than 25 years there has never been a rulemaking process that has engendered so much conflict or that has so threatened the integrity of this body. This issue is tearing the state apart, and in my opinion, unnecessarily so.” – Tannis Fox, Senior Attorney, Western Environmental Law Center

“The record before the commission continues to reflect profound uncertainty, including the presence of unknown and uncharacterized contaminants, incomplete toxicological data, and the absence of validation that treatment technologies are capable of reliably removing all hazardous constituents at scale, including radioactive materials. These are not minor gaps; they are determinative scientific deficiencies.” – Mariel Nanasi, Executive Director, New Energy Economy

“New Mexico’s water is precious. We simply can’t afford to risk destroying our state’s surface and ground waters with undisclosed toxic chemicals, all so that the oil and gas industry can pass the cost of extracting from our lands onto our communities. The industry that is asking us to pay to clean up their mess is the same one that has more than 9,000 spills in the first quarter of this year alone. How could we possibly trust them with our sacred waters?” – Carlos Matutes, New Mexico State Director, GreenLatinos

“This proposal claims to care about New Mexico’s water future, but it’s just another attempt by the oil and gas industry to transfer the burden of their toxic waste onto the public. We will continue to show up, with the clear message that we will not allow the oil and gas industry to poison our communities.” – Esperanza Chairez Uriarte, Environmental Justice and Climate Policy Organizer, Youth United for Climate Crisis Action

“New Mexico’s water is already contaminated from the legacy of the nuclear fuel chain in our state! Why do regulators want to further threaten clean water by allowing the oil and gas industry to commit this injustice on the people of New Mexico for economic profit!” – Manuel Pino, Laguna Acoma Coalition For A Safe Environment

“Treating produced water to any safe level for use outside the oil field is still in the early experimental stage with some of the most toxic constituents such as phenol and benzene almost impossible to degrade into safer simpler elements without significant toxic residue remaining. Phenol is banned in the EU and Canada for human contact product use. We should remain proactive and keep to the longer testing period. We can’t afford to contaminate our existing waters.” – Teresa Seamster, MS EDS,  Counselor Chapter Health Impact Assessment Committee

“Fossil fuel lobbyists, including the WATR Alliance, have mischaracterized the scientific data; they have misquoted the scientific studies. The evidence presented at the multiple rulemakings has consistently failed to alleviate the communities’ concerns about unknown contaminants and the absence of standards and safeguards. The use of contaminated fracking water (“produced water”) represents an unacceptable risk of poisoning our communities now and over time – especially already overburdened communities.  We urge the Commission to dismiss this third petition on May 12.” – Chase Jacques-Maynes, Chair, Environmental Justice Caucus of the Democratic Party of NM

“Oil & Gas industry strategy in three easy steps: Step 1: rebrand toxic wastewater as a “resource.” Step 2: wear down the WQCC and the conservation community with repeated hearing requests until they…give up? Step 3: turn their expensive wastewater disposal problem into a problem for New Mexico taxpayers.” – Joe Zupan, Executive Director, Amigos Bravos

“The commission is being asked, once again, to put the cart before the horse and allow the use of treated liquid oil and gas waste outside of the oilfield while questions remain about the technical and economic feasibility of the treatment process. The commission should stand by the rule it adopted less than a year ago, which is both protective of human health and the environment and allows research into treatment technologies to continue. New Mexico’s water resources are too precious to risk polluting with potentially toxic oil and gas waste.” – Charlie Palladino, Policy Advocate, Earthworks

“Imagine visiting Abiqui Lake for a swim with your family, only to realize it could be filled with treated frack-waste. Would you want your kids swimming in water contaminated with unknown toxins and radioactive materials when NO studies have proven that fracking waste can be treated safely on a massive scale?  Thousands of New Mexicans have spoken out again and again to say we will not let our precious water be contaminated. The WQCC must uphold their May 2025 rule prohibiting fracking waste discharge.” – Anni Hanna, Coordinator, NM Climate Justice  

“For more than 50 years, the Water Quality Control Commission has based its decisions on science to ensure we protect our ground and surface waters from contaminants that can harm humans as well as animal and plant life. It is critical that we have science-based water quality standards, promulgated by the commission, for all possible contaminants in produced water before any discharge to ground and surface water is considered.” – Dale Doremus, a former state hydrologist now with the Sierra Club Rio Grande Chapter