OP-Ed
By: Representative Rod Montoya
In 2019, I was proud to co-sponsor legislation alongside then-Speaker Brian Egolf and Representative Nathan Small to address one of the most pressing challenges facing our state: how to responsibly manage and reuse produced water from oil and gas operations. It was a bipartisan bill grounded in practicality, innovation and a shared understanding that our state could do better when it comes to managing water.
The concept was straightforward. Produced water, a byproduct of energy development, could be treated using current technologies and potentially put to beneficial use in a water-scarce state like ours. The legislation reflected that opportunity. It passed with near unanimous bipartisan support because lawmakers from both sides of the aisle understood what was at stake.
We also understood that work didn’t stop with the bill’s passage. This law required the New Mexico Water Quality Control Commission (WQCC) to develop rules which would make this vision a reality. The final version of the bill made that expectation clear. It didn’t say the Commission “may” act. It said the Commission “shall” act.
That was not an accident, it was a directive. Seven years later, that directive has not been fulfilled in any meaningful way. It could be said the WQCC has refused to follow state law which requires them to adopt rules providing for the beneficial use of produced water.
Instead of delivering a modern, science based regulatory framework that reflects current treatment capabilities, the rules that have emerged fail to align with the obvious intent of the law. As a matter of fact, these rules appear to have been adopted intentionally to negate the law. A rulemaking process that began with promise has resulted in a regulatory approach that neither supports innovation nor provides a viable path forward for beneficial use.
Today, the most immediate and necessary step is clear: the Commission must set this issue for a full, formal rulemaking hearing. Not another delay. Not another partial process. A real hearing that allows for updated science, technical testimony, and meaningful input from the communities most affected.
Communities in northwest and southeast New Mexico understand this better than anyone. These are the regions where energy development happens. These are the communities that live with the realities of produced water every day. And these are the people who stand to benefit the most from thoughtful, workable solutions. Yet too often, their voices are being overshadowed.
We are seeing increased pressure from activist groups based in metropolitan areas, groups that are far removed from the day-to-day realities of energy producing regions. They do not carry the same stake in getting this right, yet their views seem to outweigh the affected communities not to mention state law. This stakeholder imbalance matters.
Regulatory decisions must follow the confines of the law and should be informed by the people most directly affected. In this case, that means the workers, families, and communities in places like Farmington, Hobbs, and Carlsbad. It also means recognizing that responsible development and environmental stewardship are not mutually exclusive goals. In fact, they depend on each other.
The decisions we make today will not just shape the next few years. They will impact how future generations in New Mexico manage the water, develop energy, and balance growth with stewardship. If we get this right, we create a framework that lasts. If we get it wrong, it will be another missed opportunity New Mexicans have become all too familiar with.
Since 2019, legislators have come and gone. Leadership has changed, and advocacy organizations have evolved, but the underlying challenge remains; New Mexico’s water supply is not a temporary issue and it requires follow-through.
We have an opportunity to lead. New Mexico can be at the forefront of developing technologies that safely treat produced water and expand its potential uses. Doing so could reduce freshwater demand, support economic development, and position our state as a leader in water innovation. That will not happen if regulatory frameworks are built on outdated science or driven by voices disconnected from the communities most impacted.
The Legislature did their job in 2019. They set the policy, established the expectation, and made it clear that action was required. Now it is time for the regulatory process to catch up, and that starts with setting this matter for hearing and doing the work the law requires.
The WQCC owes it to the people of New Mexico to follow through on the intent of that law. New Mexico water is a bipartisan issue. This article is not about politics, it’s about accountability. New Mexico deserves a regulatory framework that works, not just on paper, but in practice.
