State Water Board Vacates Controversial Produced Water Vote
At a November 14 Water Quality Control Commission meeting commissioners voted seven to four to vacate a July decision that would have advanced an industry backed petition to expand uses for treated oil and gas wastewater known as produced water. The reversal matters to San Juan County residents because the petition would have allowed treated produced water for livestock watering, non food crops, and certain construction uses in 13 counties, raising questions about water safety, local agriculture, and regulatory independence.
The New Mexico Water Quality Control Commission on November 14 voted seven to four to void a July vote that would have moved forward an industry backed petition from the Water, Access, Treatment and Reuse Alliance to broaden approved uses for treated produced water. The petition sought to permit treated produced water for livestock watering, non food crops, specified construction uses, and limited discharges to the environment across 13 counties, a region that includes parts of San Juan County where oil and gas activity and agricultural operations intersect.
Commissioners took the unusual step after environmental groups challenged the impartiality of several WQCC members, and after reporting that staff in the governor s office had encouraged cabinet heads to attend WQCC meetings in a manner critics said could influence outcomes. The action to vacate the earlier vote followed heightened scrutiny of the decision making process and an intensified statewide debate over how to address dwindling water supplies while protecting public health and the environment.
For San Juan County residents the vote carries immediate implications. Ranchers, irrigators, and municipal water managers have been closely watching whether produced water could become a supplemental source for livestock and for non food irrigation, potentially easing pressure on freshwater supplies. At the same time conservation groups and community advocates have raised concerns about long term contamination risks and about whether rulemaking proceeded with adequate independence and public trust.
Supporters of vacating the vote hailed the measure as a step toward restoring impartiality on the commission and rebuilding public confidence in the regulatory process. Backers of the original petition argued that the state must keep exploring water reuse options to stretch scarce water supplies and to provide flexible resources for industry and rural communities. The contested nature of the issue reflects broader state level tensions over produced water rules, resource allocation, and environmental oversight.
The episode underscores the complex interplay between water scarcity, energy development, and governance in New Mexico. Produced water reuse is portrayed by proponents as an adaptive response to arid conditions, yet it raises technical, legal, and cultural questions about acceptable uses, monitoring standards, and the rights of downstream communities. For local officials in San Juan County the commission s decision raises new questions about next steps for rulemaking, additional regulatory review, and how to ensure transparent processes that respond to both economic needs and environmental protections.
As the state continues deliberations on produced water policy, San Juan County stakeholders will likely press for clear safeguards, rigorous testing protocols, and meaningful public involvement in any future rule changes that could affect drinking water, agricultural livelihoods, and environmental health.
