New Mexico Environment Department adopts binding water conservation regulations requiring oil and gas operators in the Permian Basin to recycle 75% of industrial drilling wastewater by 2028.

SANTA FE, NM — The New Mexico Water Quality Control Commission and the New Mexico Environment Department (NMED) formally voted to adopt comprehensive regulatory standards under the Produced Water Act, mandating aggressive closed-loop recycling of industrial oilfield wastewater across the Permian and San Juan basins.
The regulations prohibit energy producers from utilizing potable groundwater or fresh surface water for hydraulic fracturing operations after January 1, 2028, requiring 100% produced water or brackish aquifer recycling. The rules also establish rigorous state testing certifications for treated water before any reuse in non-food commercial agricultural irrigation or industrial concrete manufacturing.
Governor Michelle Lujan Grisham and NMED Secretary James Kenney stated that in an era of prolonged desert drought, New Mexico must protect precious freshwater aquifers for future generations.
Permian Basin Petroleum Association leaders supported the regulatory clarity, noting that major operators have already invested $400 million in centralized produced water recycling pipelines in Lea and Eddy counties.
Conservation federations praised the ban on freshwater consumption for drilling operations.
The produced water recycling standards take statutory effect across all New Mexico oil and gas extraction permits on November 1, 2026.
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