Defend NM Water members file a petition calling on WQCC to reject the new fracking waste discharge petition

Yesterday Defend NM Water members New Energy Economy, the Center for Biological Diversity, and Navajo leaders Daniel Tso and Mario Atencio filed a motion urging the Water Quality Control Commission (WQCC) to dismiss the latest petition from the newly created Water Access Treatment and Reuse (WATR) Alliance. The motion argues that WATR is nothing more than a front for the New Mexico Oil and Gas Association (NMOGA) and the New Mexico Produced Water Research Consortium (NMPWRC)—the same entities whose arguments were fully litigated and rejected in last year’s WQCC 23-84 rulemaking.

On July 8, 2025, the Commission voted to advance WATR’s petition to amend the rule—even though the ink had barely dried on the Commission’s final decision prohibiting the discharge of fracking waste. We are calling on the Commission to correct this illegal and undemocratic action.

Although Secretary James Kenney of the New Mexico Environment Department (NMED)—who joined the Commission only after the WATR petition was filed—expressed support for it, his position contradicts the expert testimony of NMED’s own scientists during the 23-84 case. Those experts concluded that discharging produced water, even when treated, threatens human health and the environment. Strikingly, NMED staff have not appeared in this proceeding to represent the agency’s position, raising troubling questions about political pressure from the Governor’s office, which has consistently aligned itself with industry interests.

The science and the law have not changed. Produced water remains a toxic, radioactive waste stream. In May, the Commission adopted strict rules banning its discharge or reuse, while allowing only limited pilot projects under tightly controlled permits. The oil and gas industry immediately appealed that decision, and now the WATR Alliance is attempting to undo it through a second bite at the apple—even while their appeal is still pending.

The motion makes clear: relitigating settled issues wastes public resources, undermines the integrity of regulatory decisions, and violates legal doctrines that prohibit repeated litigation of the same matter. WATR is led by oil and gas attorneys and board members tied to Chevron, Occidental, and ConocoPhillips—all NMOGA members that already had their day before the Commission. Most of WATR’s members are either identical to, closely aligned with, or in privity with NMOGA and NMPWRC, or deliberately chose not to participate in the rulemaking when they had the chance.

If the WQCC refuses to dismiss this petition—or at minimum stay any hearing until the NMOGA appeal is resolved—we are prepared to seek further action in the courts.

This industry maneuver is a cynical abuse of the legal process. Oil and gas corporations are exploiting their deep pockets and legal firepower to wear down community advocates who have already invested 18 months building the scientific record to protect New Mexico’s water. The public has been clear: over 100 individuals testified against produced water discharge, and dozens of legislators have raised grave concerns about its legality and safety.

We cannot allow this backdoor attempt to overturn hard-won protections. We call on all New Mexicans once again to speak out—write to the Commission and demand they reject this industry front group’s petition outright.