State seeks numeric standards before commission begins rule-making
New Mexico environmental officials told lawmakers they want firm, numeric limits for contaminants in produced water — wastewater generated by hydraulic fracturing — before the state Water Quality Control Commission takes up rule-making to determine how the water can be used beyond oilfields.
At an interim hearing of the Water and Natural Resources Committee, Jonas Armstrong, director of the New Mexico Environment Department's Water Protection Division, said a date for the commission hearing has not yet been set but he expects it in spring or summer. Armstrong urged safeguards that would require any known contaminants to be regulated by numeric standards and any unidentified contaminants to be reduced to a non-detectable level.
"We think we need numeric standards and limits for all contaminants that are known to be in that," Armstrong told lawmakers. "We think that any contaminant that can't be specifically identified needs to be reduced to a non-detectable level."
Why produced water is contentious here
Produced water is distinct from naturally brackish groundwater: it is a byproduct of fracking and can contain naturally occurring radioactive material and proprietary chemicals used by oil and gas operators. That combination complicates treatment and public disclosure because companies may not reveal the exact chemical makeup of fluids used in stimulation operations.
Historically, much produced water generated in New Mexico has been sold and transported to Texas, where disposal and reuse regulations are less stringent. Gov. Michelle Lujan Grisham has identified produced water as a potential resource for bolstering the state's water supply in her 50-Year Water Action Plan, grouping it with brackish water as a resource that could be cleaned and reused if safeguards are in place.
Regulatory path and local stakes
The Water Quality Control Commission voted in May to restart the prolonged rule-making process after a trade group, the Water, Access, Treatment and Reuse Alliance, petitioned for action. Environmental and water advocacy groups opposed restarting the rules without stronger protections.
Lawmakers and NMED officials framed the issue around three central stakes for New Mexico:
- Public health: ensuring contaminants, including radioactive constituents, are controlled before reuse.
- Transparency: addressing the challenge that proprietary formulations complicate identification of potential contaminants.
- Water supply strategy: determining when and how produced water can contribute to the state’s long-term water portfolio.
| Item | Current status |
|---|---|
| Commission hearing | Not scheduled (NMED expects spring/summer) |
| Agency recommendation | Numeric standards; non-detectable for unidentified contaminants |
| Governor’s stance | Produced water viewed as a potential water resource |
Armstrong said the department is preparing for the rule-making process and emphasized the need for regulatory clarity before produced water is approved for uses beyond the oilpatch. How the commission frames numeric thresholds, monitoring requirements and disclosure standards will shape whether produced water can be integrated into municipal or agricultural supplies or remain limited to industrial uses.
For counties with heavy oil-and-gas activity, the rules could alter how operators manage wastewater streams and whether produced water becomes a commodity within intra- and interstate markets. For communities facing long-term water stress, the decision will influence whether produced water can be a feasible augmentation source and under what safeguards.
With the commission's restart ordered at the request of industry stakeholders and opposed by environmental groups, the coming rule-making period is likely to draw testimony from a wide array of interests — state regulators, oil and gas companies, tribes, conservation groups and municipalities — each pressing competing priorities about public health, water rights and economic opportunity.
As the timeline firms up, lawmakers and residents should expect additional briefings and public comment opportunities. The department’s call for numeric standards sets a concrete benchmark that advocates and critics will use to measure any proposed rules.
