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Hearing on proposal for expanded water reuse continues

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Produced water, wastewater that is a byproduct of oil and gas extraction, pours from a tank onto the ground in Lea County. Untreated produced water contains toxic substances that are harmful for the environment and to human health.

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Debate starts up again this week on a proposed water reuse rule the New Mexico Environment Department hopes will help address the state’s water crisis. Environmental advocacy organizations and local residents fear the proposal wouldn’t be safe for public health.

The agency would allow broader water reuse in New Mexico, including the treated reuse of produced water, a byproduct of oil and gas extraction that’s toxic if not treated.

The state’s Water Quality Control Commission, the entity that first must approve the proposal, held a weeklong hearing considering the water reuse changes in May.

The hearing starts up again Monday. It will continue “as necessary,” according to the Water Quality Control Commission. The commission’s online calendar has the hearing scheduled Aug. 5-9 and Aug. 12-14.

Environmental advocates are opposed to the rule, and organizations like New Energy Economy, Wildearth Guardians, the Center for Biological Diversity and Pueblo Action Alliance are also against it.

The groups filed a request in June to disqualify Water Quality Control Commissioner Krista McWilliams from the case because of ties to the oil industry.

The commission has received a slew of input from New Mexico residents who oppose the proposal since 2023, when NMED petitioned the agency about it.

New Mexico resident Kathryn Schulte sent in public comment via email to the Water Quality Control Commission on July 29. Schulte, who said she has a master’s degree in water resources policy and management, wrote that she supports a straightforward ban on produced water, treated or untreated.

She said there isn’t enough evidence to prove treated produce water isn’t harmful to human health.

“The priority should be transitioning to clean and sustainable energy alternatives to protect climate, watersheds and communities,” Schulte wrote. “Industrial projects only further entrench the oil and gas industry in NM and should be rejected.”

State divisions like the New Mexico Legislature and Oil Conservation Commission support the proposal, as do outside organizations like the New Mexico Oil and Gas Association.

“Where sound science supports these applications, water reuse can be a safe and effective strategy that can help us preserve our freshwater supplies, while supporting the development of water technologies and diversifying New Mexico’s economy,” a letter from Democratic representatives stated.

Republican senators also sent a letter of support to the Water Quality Control Commission.

NMED has repeatedly said the science is sound to back its proposal.

The state agency would plan on implementing its rule, if approved, about three months after the Water Quality Control Commission hearing wraps up, according to an infographic from the agency.

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