The Strategic Water Supply is back. Sponsored by Representative Susan Herrera, HB 137, the Strategic Water Supply Act, asks for $75 million annually to subsidize reuse of oil and gas fracking waste.
As defenders of New Mexico’s land, water, and public health with varied perspectives—environmental advocates, health professionals, Indigenous communities, and farmers, we share a deep concern about the proposed Strategic Water Supply Act (SWS), which endangers our health, threatens our limited fresh water, and puts the financial security of our state at risk.
Last week we wrote to each New Mexico legislator and asked them to recognize that although the Strategic Water Supply program is framed as a response to water scarcity, it is in reality a $75 million publicly funded subsidy for the oil and gas industry’s waste disposal problem. It proposes to incentivize a treatment and reuse industry for fracking waste—a radioactive hazardous waste byproduct of oil and gas extraction—despite the lack of scientific evidence proving its feasibility or safety.
We outlined three critical areas where the Strategic Water Supply poses significant risks, including:
1. A Threat to Public Health: Produced water can contain emulsified hydrocarbons, bacteria, and thousands of known and unknown toxic substances, including radioactive materials, heavy metals, and undisclosed proprietary chemicals such as PFAS. Treatment processes have not been scientifically proven safe at the scale envisioned. Documented failures that resulted in serious environmental contamination, public health risks and treatment plant worker illness and death in other states are listed.
2. A Threat to Freshwater Resources: The SWS poses an existential threat to New Mexico’s limited freshwater resources, risking ubiquitous spills and discharges during transport and operations, creating high volumes of hazardous residual waste - at least 20% of total treated volume, and ignores the fact that brackish water aquifers are not a renewable resource and extraction can lead to land surface subsidence, saltwater intrusion into freshwater aquifers, and decreased flow in rivers. Finally, the enormous energy requirements of proposed treatment facilities threatens to increase climate warming emissions, further exacerbating water scarcity. Water is life. In our arid state, every drop of fresh water is precious.
3. Public Liability for Stranded Assets and Environmental Remediation: The SWS shifts financial risk from private companies to the public. This approach is not only fiscally irresponsible, but also poses long-term economic risks including stranded assets, environmental remediation costs and importantly, opportunity costs. A 12/3/24 discussion draft of the bill states that financial assurances “may be required” rather than “shall be required,” a flimsy protection against potential liabilities. The oil and gas industry’s history of abandoning wells with inadequate financial assurances is well known.
Rather than investing $75 million in speculative and dangerous projects, we propose a more responsible path - investment in proven water conservation measures, including full funding of the 2023 Water Security Planning Act and the 2019 Water Data Act, and a Produced Water Barrel Fee to fund plugging and remediation of abandoned oil and gas wells.
The letter was signed by:
Middle Rio Grande Water Advocates, Norm Gaume, President
Environmental Justice Caucus of the DPNM, Alex Applegate, Executive Committee
San Juan Citizens Alliance, Mike Eisenfeld, Energy and Climate Program Manager
Youth United for Climate Crisis Action, Ennedith López, Policy Campaign Manager
The American Friends Service Committee, Patrick Jaramillo, Program Co-Director
Agri-Cultura Cooperative Network, Helga Garza, Executive Director
Southwest Native Cultures, Terry Sloan, Director
GreenLatinos, Carlos Matutes, NM Community Advocate
Center for Biological Diversity, Gail Evans, NM Climate Director
Food & Water Watch, Alexa Reynaud, Organizer
350 New Mexico, Thomas Solomon and Jim Mackenzie, Co-coordinators
WildEarth Guardians, Rebecca Sobel, Organizing Director
Indivisible Albuquerque, Rayellen Smith, President
Citizen Action New Mexico, Dave McCoy, Executive Director
Citizens for Fair Rates and the Environment, Tom Manning, Director
Common Ground Rising, Elaine Cimino, Director
Concerned Citizens for Nuclear Safety, Joni Arends, Co-founder and Executive Director
El Valle De La Cieneguilla Land Grant Association, Joseph Villegas Sr., Resident
IndivisibleSOS-Santa Fe, Marti Burt and Ricann Bock, Co-chairs
Interfaith Worker Justice - New Mexico, Rev. Dr. Holly Beaumont, Organizing Director
Jemez Peacemakers, Rev. Glen Thamert, Co-ordinator
Rainbow Farms, Joshuaa D Allison-Burbank, Owner
Las Vegas (NM) Peace & Justice Center, Pat Leahan, Co-Director
Loam, Halley Strongwater, Founder
Los Alamos Study Group, Greg Mello, Executive Director
Los Jardines Institute, Sofia Martinez, Co-Director
Mountain View Neighborhood Association, Lauro Silva, Community Advocacy - Environmental Justice
NM Climate Justice , Anni Hanna, Director
People & Planet Refill, PBC, Carolyn Wayland, Owner
Physicians for Social Responsibility, Pennsylvania, Tonyehn Verkitus, Executive Director
Physicians for Social Responsibility, NM Chapter, Dr. Robert Bernstein, MD, President
Progressive Democrats of America - Central New Mexico, Lora Lucero, State Chapter Leader
Reboot Our Democracy, Rayellen Smith, President
Renewable Taos, Inc., Daniel Pritchard, Executive Board
Rio Arriba Concerned Citizens, William Clark, President
Rivers Run Through Us, Bobbe Besold, Co Director
Sovereign Dine' Nation, Mervyn Tilden, Founder
The Forest Advocate, Sarah Hyden, Director
Think Like a Bee, Anita Amstutz, Director
UNM Leaders for Environmental Action and Foresight, Feleecia Guillen, Director of Communication & Outreach
Valencia Water Watchers, Deirdra A Velasquez, Core member
Veterans for Peace, Duane Teschler, Volunteer
We are one river, Mark LeClaire, Organizer
Climate Change Leadership Institute, Robb Hirsch, Executive Director and Founder
Earthcare, Miguel Acosta, Co-Director
Honor Our Pueblo Existence, Marian Naranjo, Founder and Director
Indigenous Lifeways, Krystal Curley, Executive Director
McKinley Community Health Alliance, Anna Rondon, Member
New Energy Economy, Mariel Nanasi, Executive Director
NM Social Justice and Equity Institute, Anna Rondon, Executive Director
Three Sisters Collective, Dr. Cristina Castro, Founding Member
Water Protector Legal Collective, Natali Segovia, Executive Director and Senior Attorney
Tewa Women United, Nathana Bird, Interim Executive Director