With the 2025 Legislative Session off to a running start, important bills and budget decisions critical to protecting our water are already filed or will be soon.
Fighting Produced Water Reuse Again!
One our biggest concerns heading into this session is the Strategic Water Supply Act (HB137), Sponsored by Rep. Susan Herrera, this proposal diverts $75 million of public funds to subsidize the creation of treatment and reuse projects for toxic and radioactive oil and gas waste. The bill incentivizes the creation of an unproven "produced water" treatment and reuse industry—posing serious risks to public health and clean water resources.
In other states where treatment and reuse has been authorized - Pennsylvania, Wyoming and West Virginia, discharge of treated and inadequately treated waste has resulted in waterways incapable of supporting life, radioactive injury and death of people exposed to this waste, especially workers in treatment plants, and radioactive contamination of land affected by spills. This is a fight to protect our state from subsidizing the creation of a harmful reuse industry that could lead to serious harm to our water. Learn more and take action here.
Promising Water Protection Bills
SB 21 and 22 are Necessary to Protect NM Waters from Industrial Pollution
After the Supreme Court's Sackett decision, up to 95% of New Mexico’s rivers and streams lost protection under the federal Clean Water Act. SB 21 and 22 will:
Give the state authority to take over permitting for waters still federally protected (SB21) and authorize the state to take over permitting for waters no longer federally protected (SB22). New Mexico is one of only 3 states that currently leaves this up to the EPA.
Ensure industries and development cannot pollute or destroy wetlands and streams, risking contamination of drinking water and making New Mexico communities more vulnerable to severe drought and flooding.
Water Protection Amendments and a Produced Water Barrel Fee for Funding of Remediation
Proposed amendments to the Water Quality Act and the imposition of a Produced Water Barrel Fee will be filed shortly. This bill is necessary because:
Efforts to fund fracking waste treatment and reuse projects without protective scientific treatment and quality standards endanger New Mexico’s water and public health.
Research into treatment and reuse of oil and gas waste can be conducted via permitted bench scale research conducted on the oil field or in accredited laboratories.
A $0.05 fee per barrel of produced water is necessary to fund the cost of plugging and remediation of thousands of abandoned wells. The State Land Office projected an $8.1 billion gap between funds collected and actual remediation costs for these wells, a number that continues to increase.
Money for Important Water Priorities Necessary to Address Looming Water Scarcity
NM Water Advocates are seeking $62 million to fund non-recurring water security investments. New Mexico has escalating water challenges that threaten its communities, economy and environment. The 2025 Legislature must fund the Office of the State Engineer and the Interstate Stream Commission to implement unanimous water management and planning recommendations of the 22 NM Water Policy and Infrastructure Task Force. The three high priority programs are Water Agency Modernization, Water Security Planning Act Implementation and Active Water Resource Management. Read more about those priorities here.
PFAS Protections
Two bills to protect against PFAS contamination of our water are expected in this session, though neither has yet been filed. One bill will protect against the use of PFAS in oil and gas operations and require chemical disclosure for all fracking fluids used in downhole operations. This is important because:
PFAS, aka "forever chemicals," pose a significant and growing threat to our health, accumulating in water, soil and our bodies over time, and causing cancer, birth defects and endocrine disorders.
Physicians for Social Responsibility has documented the use of PFAS in hundreds of oil and gas wells drilled in NM.
Oil and gas industry operators hide under the cover of “trade secret” protections and claim that they are no longer using PFAS for drilling, but that claim does not have the force of law, and without disclosure requirements, cannot be verified or enforced.
We expect another bill that will prohibit the use of PFAS in all non-essential consumer goods. More information to come when the bills are filed.
Take action on the Defend NM Water website and stay tuned for updates as these bills progress. Let’s work together to secure a healthier, safer future for New Mexico.
Kommentare