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Committee sends brackish‑water strategic supply bill forward after contentious public comment

5677091 · February 26, 2025
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Summary

House Bill 137, the Strategic Water Supply Act, cleared committee after debate and public testimony. The bill focuses on brackish water desalination, aquifer mapping and grant support; opponents urged stronger community notice, definition, and safeguards.

The House Appropriations and Finance Committee recommended do pass on House Bill 137, the Strategic Water Supply Act, after extensive testimony that ranged from tribal and municipal support to environmental and community concerns. The bill funds aquifer mapping and monitoring, and establishes a framework to support projects that treat brackish groundwater for municipal, industrial and other uses.

Nut graf: Supporters argued that treating locally available brackish groundwater can diversify water supply, spur economic development, and support industries that need reliable non‑freshwater sources. Opponents — including climate justice and grassroots water groups — urged stronger safeguards such as pre‑drilling mapping, clear definitions of eligible sources and formalized community notice and hearing procedures.

Details and testimony: The bill, as amended in earlier committees, excludes produced water from oil and gas operations and focuses on brackish aquifers defined in the draft statute as underground water with at least 1,000 parts per million total dissolved solids. Rebecca Roos, infrastructure adviser in the governor’s office, and Tanya Trujillo, deputy state engineer, described the bill as a way to fund aquifer characterization and create project pathways for communities. "There is technology out there actively used in around the world and across The U.S. that is treating brackish water to freshwater standards and even further than that to potable drinking water standards," Trujillo told the committee.

Opposition and concerns: Felicia Guillen of the youth‑led group Yucca and Sandra Stohlberg of Indivisible Albuquerque urged amendments requiring aquifer mapping before project approvals, stricter definitions of "clean" or "renewable" energy powering desalination, and planning for waste byproduct disposal. Sophia Jenkins Nieto (Yucca) called the $75 million request "too much to allocate for a potentially harmful endeavor" without stronger safeguards. Local governments, water utilities and business groups including the Albuquerque Bernalillo County Water Utility Authority, Middle Rio Grande Conservancy District and the New Mexico Chamber of Commerce supported the bill, saying additional water supplies and mapping are needed.

Key statutory and process issues: Committee discussion focused heavily on section 5 (notice and state engineer authority) and whether the bill provides clear, enforceable opportunities for community notice, objection and a hearing process. The sponsors and state engineer’s office responded that the bill aligns the deep aquifer review process in statute with existing evaluation standards and that the state engineer's public‑notice and objection processes would apply. Committee members asked for additional clarity and said they wanted to revisit specific notice language before final floor action.

Vote: The committee recorded 11 votes in favor and 3 opposed and recommended do pass as amended. Members who registered opposition during the committee proceeding included Representative Herndon, Representative Little and Representative Pettigrew; committee supporters emphasized aquifer mapping funding and economic uses for treated brackish water.

Ending: The bill was reported out of committee with a do‑pass recommendation; sponsors and opponents said they would continue to discuss additional amendments related to community notice and environmental safeguards before floor debate.