top of page

At Fracking Waste Reuse hearing today the Water Quality Control Commission dismissed a question of jurisdiction, the public showed up to say NO to reuse, and a journalist found something fishy

On Friday New Energy Economy and two other parties filed a motion to vacate and reschedule the Wastewater Reuse rule hearing to allow time for the Commission to cure their failure to file financial disclosure documents as required by New Mexico law. Without those required disclosures an argument can and will likely be made that any decision made by the Water Quality Control Commission must be nullified for lack of jurisdiction on appeal. Today the Commission dismissed that concern, with one recusing and the rest just stating that they had no conflict of interest but avoiding the underlying issue: the law that requires them to file financial disclosures after appointment. They didn't do it and therefore they had no authority to set this matter for hearing.

Not only does this decision fail to resolve the question of jurisdiction, the Conflict of Interest statement fails to provide the transparency required by a state agency such as the Commission, especially given that one of the Commissioners is an executive at an oil and gas company, as detailed in the very concerning reporting published today by the The Candle:

The reporter writes that

"Three state employees who sit on the commission received annual pay raises ranging from $12,376 to $27,622, months prior to Kenney’s agency filing the controversial rules change,"

and further:

"According to Four Corners Economic Development, “Krista McWilliams is the current Engineering Operations Manager for Logos Resources, LLC, a local, Farmington based oil and gas company. Her husband, Jay Paul McWilliams, is the CEO and/or manager member of various oil related entities identified with Logos. Between them, the McWilliams receive income and royalties from oil and gas engineering and operations management as well as from consulting with major oil companies, including providing “support for local and national clients including ConocoPhillips, LINN Energy, Pioneer Resources and Logos Resources.”

The public showed up in force to speak against the proposed rule, speaking eloquently about the importance of protecting our water, the environmental racism implicit in these experiments, the threats to public health that demonstration projects and industrial projects will pose and the unacceptable risks that this rule poses to our health and safety. Thank you!! If you can speak on any of the remaining days of the hearing at 9:00AM or 1:00PM, your voice is important. Please sign up here.

A prohibition against discharge is critical. A prohibition against unlimited reuse projects across the state is also critical. NMED testified specifically that the Notice of Intent protocol was not intended to inhibit projects, only to confirm that a discharge permit is not needed. The rule sets no standards regarding volume or number of projects. Reuse must be prohibited!

Finally we wanted to share Land Commissioner Stephanie Garcia Richard's op-ed today in the Santa Fe New Mexican. Thank you for a clear and powerful voice for science and for public health.


  • Black Facebook Icon
  • Black Instagram Icon
  • Twitter
bottom of page