Wed. Feb 12th, 2025

Reverse osmosis membranes at the Kay Bailey Hutchison Desalination Plant as seen Sept. 26, 2022 in El Paso. The plant can treat up to 27 million gallons per day of brackish water for much of Eastern El Paso and Fort Bliss residents. (Danielle Prokop / Source New Mexico)

An amended version of the proposal backed by Gov. Michelle Lujan Grisham for a Strategic Water Supply advanced through its first committee on a 5-4 vote, but lawmakers warned the sponsors their support now doesn’t guarantee their floor vote.

“I think there’s been improvements,” said Rep. Marian Matthews (D-Albuquerque) in explaining her vote to advance the bill.
”I’m still not 100% percent convinced and I might change my vote on the floor.”

The Strategic Water Supply would enable the State of New Mexico to create a market for treated oil and gas wastewater, aka produced water, as well as salty water from deep underground for uses such as manufacturing, and use grant funds to support these projects. A previous half-billion dollar bid to do so introduced last year went nowhere.

The House Agriculture Acequias and Water Resources Committee amended this year’s version, House Bill 137, sponsored by Rep. Susan Herrera (D-Embudo), significantly on its second hearing Tuesday.

Only water projects aiming to treat salty water from deep underground will be eligible for the $75 million appropriation under new language.

Another change lowered the new fee per barrel on produced water from $0.05 to $0.03, and would require a rule-making process before it could go into place. Revenue could fund future produced water treatment projects.

A news release from the governor’s office following the committee’s passage characterized it as “an important step” in realizing the governor’s “goal of ensuring that the state has enough water to support future economic growth without depleting or endangering its valuable freshwater supplies.” In a statement, Lujan Grisham reiterated her position that “the Strategic Water Supply will support clean energy and advanced manufacturing initiatives without putting our freshwater supplies at risk,” and said she looked forward to “continued work with the Legislature to advance the bill and secure the needed funding for the program.”

Environmental and indigenous nonprofits opposed to the project say both brackish and oil and gas wastewater pose numerous health, safety and logistical concerns in treating them.

Rep. Micaela Lara Cadena (D-Mesilla) told Source NM after the vote that the amended legislation addressed her concerns.

“I don’t have the expertise of the members on Energy [Environment and Natural Resources Committee] 
I’d like to hear them weigh in. If they say it’s a bad idea, that’s a different take on whether or not they think this is fitting into New Mexico energy and water economies,” Cadena said. “But, I think this conversation about water — and how little we have of it — needs to be had at the New Mexico Legislature every chance we get.”

Rep. Angelica Rubio (D-Las Cruces) joined Republicans to vote against the bill.

“From a moral standpoint, everything outside of the aquifer mapping piece is just something I fundamentally oppose,” she said. “I don’t know how much you could fix this bill to get my support because I’m just fundamentally opposed.”