Carlsbad Current Argus (Sept. 21, 2020) – The discussion on how to manage New Mexico’s liquid oilfield waste recently entered into the state’s political arena with the passage of the Produced Water Act, and a research consortium which in January began studying how waste water from oil and gas operations could potentially be reused in other industries such as agriculture.

During a panel discussion on Thursday hosted by the New Mexico Association of Commerce and Industry, New Mexico State Rep. Nathan Small (D-36), who sponsored the Act said, said oil and gas waste water continued to present an opportunity to New Mexico as the state continues struggling with drought conditions.

The Produced Water Act clarified the definition of produced water – a mixture of water brought to the surface with oil and natural gas from underground shale and flowback from hydraulic fracturing – and established that the Oil Conservation Division would regulate its management within the industry while any future outside use would overseen by the New Mexico Environment Department.

“There’s all this water coming up and being re-injected in disposal wells. We think there’s a real opportunity,” he said. “I think we need to be very mindful of this incredible opportunity. We need to make sure that as we develop rules across these agencies that they don’t negatively impact the innovation within the industry.”

Small said some environmental groups expressed concerns about produced water being reused outside of the industry as many feared it was toxic and not treatable. He said such applications would not be allowed until they were supported by scientific research.

“There’s folks who want to see reuse outside the oilfield and folks who look at it very skeptically. We’re going to have to fight to make sure this research is able to continue and build momentum,” he said.

“I want to make sure New Mexico is known for putting science first and works with industry. My hope is that we continue even though as there are diverse perspectives, that there is leadership that says we have common interests.”

Mike Hightowner, program director at the New Mexico Produced Water Consortium said the research was especially important in the state’s worsening arid climate.

He said the state was about 150 years into a 300-year drought and that produced water could provide a solution to worsening water scarcity.

“We’ve got another century of what I would call unprecedented arid and dry conditions from a rainfall perspective,” Hightower said. “If you’re looking at areas of New Mexico that are already arid, water resources are going to be a big concern. I think we need to put produced water into that context.”

The water management industry in New Mexico saw significant growth in the last year, said Jennifer Bradfute, senior attorney with Marathon Oil.

She said state initiatives such as the Produced Water Act and the research consortium provided incentives for more investment from companies in the state.

“That wouldn’t have happened without market-based legislation that encourages investment,” Bradfute said. “You have certainty that you can keep your proceeds, you have certainty about liability. In a year where we have seen the market experience incredible volatility, we still see companies that want to invest in this.”