New Mexico Environment Department Proposes Water Reuse Rule to Safeguard Resources

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SANTA FE, N.M. — The New Mexico Environment Department's Water Protection Division has petitioned the Water Quality Control Commission to adopt a new set of regulations aimed at ensuring the responsible reuse of water resources. The proposed rule, titled 'Ground and Surface Water Protection – Supplemental Requirements for Water Reuse,' is designed to safeguard the state's surface and groundwater while encouraging innovative water reuse practices in the face of ongoing climate challenges.

This initiative is a response to the changing landscape of water resources in New Mexico, driven by extreme drought conditions. The proposed rule is the first of several expected to guide the future of water reuse in the state, allowing for the expanded use of water treatment technologies to alleviate pressure on limited water sources.

The proposed rule establishes a framework for future regulations and focuses on the management of produced water from the oil and gas industry. It outlines how produced water can be utilized in projects within the state as long as there is no discharge into surface or groundwater. This clarity will assist organizations interested in testing produced water treatment technologies, enabling them to contribute their findings to the Department and further the knowledge on treatment technologies.

John Rhoderick, Director of the Water Protection Division, emphasized the importance of taking proactive steps to encourage water recycling projects in the state. He noted, 'The reality of water in New Mexico is changing in light of extreme drought. Taking steps now to safely encourage new projects to recycle our water supply is vital as we build a more resilient water system for generations to come.'

The proposed rule is a direct outcome of the Produced Water Act, which was enacted in 2019 and prompted the NMED to develop regulations for the reuse of treated produced

See Water, A5 water in New Mexico. This rule's development has involved collaboration between the Department and various stakeholders, including the Produced Water Consortium, environmental advocates, and industry partners.

The Department initiated a public comment period on November 1st, during which they received over 400 unique public comments. The feedback from the public has been carefully reviewed to shape the proposed rule submitted to the Water Quality Control Commission.

Following the submission of the petition, the WQCC is expected to set a hearing for the proposed rule to allow testimony from Department staff and interested parties. Detailed information on draft rules, timelines, and updates on the rulemaking process can be found at Department's website.

The Department has requested that the Commission consider the petition at its next regular meeting and set the matter for a hearing in April 2024, with the estimation that the hearing for Part 8 will take approximately five days. The proposed Part 8 seeks to address water reuse challenges and promote responsible water management practices in New Mexico, reflecting the state's commitment to protecting its vital water resources.