Jennifer Bradfute, representing the Water Access Treatment & Reuse Alliance (WATR), said that a proposed regulation would prohibit any release of produced water, emphasizing that "quality is nonnegotiable" as New Mexico aims to protect aquifers that do not recharge within the state.
"Recycling use of produced water really increased after 2019," said Bradfute, Co‑lead. "Quality is nonnegotiable. The rule is prohibitory when it comes to any type of release of any type of produced water, whether treated or untreated. We have several aquifers in the state that don't recharge here in New Mexico."
In 2019, New Mexico enacted the Produced Water Act (HB 546), which defines produced water as a byproduct of oil and gas operations and grants state agencies regulatory authority over its treatment and reuse. The Act encourages the oil and gas industry to prioritize reuse, recycling, and treatment options over relying solely on limited fresh water supplies. According to the New Mexico Environment Department, reuse within oil and gas operations currently accounts for approximately 10% of all produced water, with none permitted for use outside this sector.
In May 2025, the New Mexico Water Quality Control Commission adopted a rule prohibiting the discharge of produced water—treated or untreated—to ground and surface waters. This measure closes a proposed loophole that would have allowed pilot projects to discharge up to 84,000 gallons per day. The rule is based on evidence indicating that produced water contains numerous known and unknown chemicals, many potentially harmful to human health and ecosystems. The prohibition aims to protect New Mexico’s waterways while further studies are conducted.
New Mexico relies on several aquifers that do not naturally recharge within its borders, meaning much of the state's water supply depends on upstream flows from other regions. Bradfute's warning that "other states … get to use most of the water" highlights concerns about water loss through interstate transfers and downstream use without credit or protection. With climatic stressors and increasing scarcity, states like New Mexico are focusing more on local control and reuse of nontraditional water sources to prevent losing water through external appropriation.
Scientific reviews of produced water treatment reveal significant gaps in validated treatment technologies, chemical risk assessments, and long-term monitoring standards. The rule's prohibitory stance aligns with a precautionary principle: due to uncertainties in produced water composition and treatment efficacy, all discharges (treated or not) are barred until sufficient scientific evidence and oversight mechanisms are established. Additionally, the rule mandates that projects proposing reuse must demonstrate no discharge while complying with spill prevention, monitoring, and cleanup obligations.
