D. Reed Eckhardt
Editor, The Rio Grande Sierran
dreed1969@msn.com
After more than two hours of impassioned public comment, the Water Control Commission reversed its earlier decision to begin rulemaking aimed at nullifying a ban on the discharge of toxic oil and gas wastewater into New Mexico surface and ground water. The 7-4 vote on Nov. 13 resets a process that was launched by the oil and gas industry after the discharge of waste liquids outside of the industry was prohibited by rule for five years.
“New Mexicans put their trust in the commission to base its decisions, without interference, on technical expertise and independent science.” — Dale Doremus, The Sierra Club / Rio Grande Chapter
The commission in May voted to close a loophole that allowed “pilot projects” to release 84,000 a day of treated produced water to groundwater. The result of the commission’s action was a complete ban on produced water discharge to ground and surface waters until the rule sunsets in five years. Produced water is a waste byproduct of oil and gas operations and contains known and unknown chemicals, many of which are toxic to human health and the environment. Then came the industry’s proposed rule to reverse the ban. The governor and her cabinet had worked behind the scenes to concoct a vote on July 8 in favor of the industry’s proposal, including having cabinet members be present and vote in favor of it. That now has been quashed.
“The commission did the right thing here today by wiping the slate clean and avoiding any appearance of impropriety,” said Tannis Fox, senior attorney at the Western Environmental Law Center after the Nov. 13 vote. “The public takes the issue of clean water, and how dangerous oil and gas wastewater discharge is to our rivers, streams and lands, seriously.”
“New Mexicans put their trust in the commission to base its decisions, without interference, on the technical expertise and independent science from state agencies,” said Dale Doremus of the Rio Grande Chapter of the Sierra Club.
“This is a critical issue that should only be considered under 100% irreproachable circumstances. Safeguarding our precious and scarce ground and surface waters from toxic contaminants that can endanger human health and the environment is too important for anything less.”