Something of a water war could be developing between New Mexico and Texas in a dispute that’s led one New Mexico politician to be pretty blunt in his claims. And it largely has to do with oil and gas drilling in the Permian Basin.
“Texas is stealing New Mexico’s water,” said New Mexico State Land Commissioner Aubrey Dunn in a bold declaration. “If you put a whole bunch of straws in Texas and you don’t have any straws in New Mexico, you’re sucking all the water from under New Mexico out in Texas and then selling it back to New Mexico.”
He says in essence, unregulated pumping from wells next to the state line is depleting the shared aquifers that supply water to southern New Mexico, according to a report by the Texas Tribune.
New Mexico’s water restrictions have resulted in a supply problem for the fracking industry. And Dunn contends Texas water users are selling it to frackers in New Mexico.
On the Texas side, the “rule of capture” applies to groundwater policy, meaning water can be pumped from beneath the land while just across the state line in New Mexico, tight regulations apply to surface and groundwater supplies.
The difference in ownership of land in the two states contributes to the divergent water policies. In Texas, more than 90 percent of the land is privately owned. In New Mexico, by contrast, only 43 percent is owned by individuals, while 57 percent is in government or tribal hands.
Dunn claims to have discovered at least seven unpermitted water lines coming from Texas across state trust lands. He contends millions of gallons a day are pumped into New Mexico for oil and gas exploration.
He’s already stopped issuing new fresh water well permits for the oil and gas industry on agency-supervised property. But Dunn admits, there’s nothing he can do about the pumping in Texas. And there is no law barring unlimited sales of Texas water to New Mexico buyers.
