Adrian Hedden
Artesia Daily Press
achedden@currentargus.com
Wastewater from oil and gas drilling could be reused by other industries next year, if a state body acts despite criticism from environmental groups.
The state of New Mexico’s Water Quality Control Commission, which is considering regulations to permit some discharge of oilfield wastewater – known as “produced water” by the industry – heard public comments on the proposal during the commission’s Dec. 9 meeting.
Commission members voted in April to allow permits for produced water to be discharged in conjunction with pilot projects studying its potential for reuse. The commission reversed that decision in May and also opted to require permits even for pilot projects that do not discharge the fluid.
The commission has yet to vote on the specific language of the rule, which could be approved by the commission at its next meeting on Jan.13, 2026.
Among those commenting on the proposal during the Dec. 9 meeting was Christian Isely, a state government affairs representative for Chevron who said water extracted at mineral mines in northern New Mexico was already being reused. He said similar treatment could be applied to fluid produced by the oil and gas industry.
“The science is absolutely clear,” Isely said. “This water is safe after it is treated. Water treatment technology is evolving very quickly. Other states are moving ahead. If we use reclaimed mine water, why can’t we use produced water?”
The debate centered on the Permian Basin, where environmental group WildEarth Guardians contended that efforts to treat and reuse oilfield waste was resulting in more spills.
Meanwhile, oil and gas industry leaders in the state countered that energy companies were redoubling their investments in technologies intended to curb contamination while addressing water scarcity through reuse of wastewater.
State regulations were needed to ensure responsible reuse across the industry, said Missi Currier, president of the New Mexico Oil and Gas Association.
Spills are up, group contends
In the Permian, about four barrels of produced water are generated for every barrel of oil pumped during the drilling process.
The liquid is a combination of drilling fluids flowing back to the surface and formation water brought to the surface during the extraction of oil and gas from shale deposits.
The water is often high in brine and other chemicals and unsafe for human consumption.
In the third quarter of 2025 – July to September –produced waste spills increased by 244% in New Mexico when compared with the second quarter, according to a Nov. 11 report by Santa Fe-based WildEarth Guardians.
That amounted to about 2.9 million gallons of produced water spilled in about 350 spills of mostly produced water, the report read. The spills also included other substances such as crude oil and natural gas condensate, according to the study.
Of those, 165 spills were in Eddy County and 147 were in Lea County – the two counties that make up New Mexico’s portion of the Permian Basin.
Currier said spills necessitated the infrastructure to treat and recycle wastewater she said the industry was “heavily investing in,” such as better leak detection and automatic shutoffs.
“Spilled water is never treated – it must be contained and remediated immediately to meet or exceed regulatory requirements. That’s why prevention is critical,” Currier said. “These measures, combined with best practices and strict compliance, reflect our commitment to safe water management and environmental stewardship.”
WildEarth Guardians argued the problem was the result of increased drilling, higher volumes of water, and the industry’s struggles to handle its own growth.
The biggest spills were reported at recycling facilities the group contended were subject to frequent “equipment failures,” read the report.
“These ‘recycling’ facilities are ground zero for contamination,” said Melissa Troutman with WildEarth Guardians.
A ‘critical priority’
Despite such concerns, Currier maintained the facilities were crucial to addressing the environmental impacts of oil and gas production.
She called on the state of New Mexico to enact regulations allowing the use of produced water outside the oil and gas industry.
“Reuse is a critical priority for New Mexico because it addresses two pressing challenges: water scarcity and responsible resource management,” Currier said.
New Mexico’s regulations currently do not allow produced water to be used for any means other than drilling.
The “Produced Water Act,” passed in 2019, called on state agencies to adopt regulations to potentially expand reuse and the state created its Produced Water Research Consortium between its environment department and New Mexico State University.
The rulemaking remained ongoing six years later amid stern opposition from environmental groups who believe the fluid can never be made safe for reuse.
Currier said such rules were crucial to creating a level playing field for the industry, adding a layer of enforcement that would ensure companies of all sizes manage produced water correctly.
“We expect the Commission to act swiftly and decisively, because these rules are critical for responsible water management and for providing the regulatory certainty that industry and communities need,” she said.
Rebecca Sobel with WildEarth Guardians maintained that the reports of produced water spills proved the problem would only be worsened by state sanctioned discharges.
“If companies can’t safely contain produced water at their own recycling facilities inside the oilfield, there’s no justification for allowing them to transport this waste offsite to dump into rivers or spread onto fields,” she said.
Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.