Today we WON! Together.

Yesterday, we stood before the Water Quality Control Commission to defend New Mexico’s water from fracking waste—and we are deeply grateful to everyone who helped make our voices heard. Thank you to all who wrote to Commissioners, gave public comment, and especially those who came in person, holding signs declaring “No Discharge of Fracking Waste.” People traveled from Taos, Albuquerque, Farmington, Española, Las Vegas, and Santa Fe to protect our most precious resource. We are especially thankful to the community groups in Defend NM Water, whose persistence, courage, and creativity have fueled both the legal and public fight for justice.

Because of your efforts, New Mexicans won!The Commission adopted the final Wastewater Reuse Rule (WQCC 23-84), which:

• Prohibits the discharge of toxic oil and gas liquid waste (produced water), treated or untreated.

• Requires a strict permit process from the New Mexico Environment Department before any off-oilfield treatment or reuse can occur.

• Mandates pilot projects to document, characterize, and properly dispose of all residual waste from treatment.

This victory came after New Energy Economy, WildEarth Guardians, and Indigenous community members filed a Joint Motion to Prevent Plain Error, challenging the Commission’s earlier April vote that would have allowed discharge of 2,000 barrels of “treated” produced water per day and created a weak Notice of Intent procedure. We argued—and the Commission ultimately agreed—that there is no credible scientific evidence proving treated produced water can be safely discharged. No peer-reviewed studies, no large-scale evaluations, no clear toxicity profiles, and no assurance that land, water, or people could withstand the risks. Allowing discharge without such evidence would have violated the Water Quality Act.

The Commission reversed its April decision, voting unanimously to prohibit discharge and to restore the legally required permit process. They also incorporated WildEarth Guardians’ call for accountability in dealing with hazardous residual waste.

Produced water is not “water.” It is an industrial waste product—a toxic cocktail of hydrocarbons, heavy metals, fracking chemicals, PFAS, radioactive isotopes, and undisclosed proprietary compounds. It cannot coexist with healthy soils, drinkable aquifers, or functioning ecosystems. That is why the Legislature required permits under the Produced Water Act—to ensure transparency, public notice, and the protection of our constitutional right to a clean environment. Yesterday, the Commission upheld that law.

We commend the Water Quality Control Commission for fulfilling their duty to protect New Mexico’s water, health, and environment. And we celebrate the hundreds of New Mexicans who stood strong, demanding that our government serve the people, not the polluters.

Science and truth prevailed. Without knowing what’s in produced water, there is no way to set treatment standards or claim safety. To proceed otherwise would be reckless. Thanks to the collective strength of water protectors across the state, the oil and gas industry’s attempt to dump waste on New Mexico was defeated.