Luna County residents press commissioners to probe power-plant water use after assurances on effluent water go unmet

Laura Jackson Potter, a Deming resident, told the Luna County Board of Commissioners on the public-comment portion of the meeting that a local power plant identified in the session as Duke Energy has not followed earlier assurances that it would primarily use effluent (gray) water.

Potter said the plant has used large volumes of fresh water, produced fewer local jobs than promised and left the city and county with maintenance obligations for holding ponds and related infrastructure. "The owners of this power plant are literally sucking the county dry," she said.

Why it matters: County officials and residents warned that large, sustained groundwater use threatens local wells, agriculture and long-term community viability in a desert region. Several speakers urged the commissioners to review contracts and legal obligations tied to water use and to pursue a county-level committee to study sustainable water planning.

What was said: Potter described attending the original approval meeting and recalled assurances that cooling would rely on treated effluent, with well water used only in limited, exceptional circumstances. "We were assured that water from wells would only be used to cool towers only when absolutely necessary," Potter said. She added that promised local jobs and tax benefits did not materialize as expected.

At the meeting an exchange followed to verify the reference to Duke Energy; Potter affirmed that was the plant she meant. One commenter and Potter estimated large daily water use, with a speaker characterizing the scale as "Billions" and suggesting an order-of-magnitude figure of "something like 2,000,000 gallons a day." Those figures were offered by participants and were not presented as findings from a county study.

County response and next steps: A county official said the plant's ownership changed when Duke sold it to another company and indicated the sale may not have transferred prior water‑use commitments. "Contractually, sadly, Duke Energy sold to another company," the official said, adding that county staff must examine whether water-right or effluent-use terms transferred with the sale. Officials said Mary Mead has been asked to address the issue at a future session.

Other public comments tied to the issue: Resident Carol Fousting raised concerns about a proposed large subdivision (referred to at the meeting as a 'ranch' with 77,000 lots) and the cumulative effect of additional wells on the aquifer, and reported a private well test showing water she described as "not potable" with high sodium fluoride. The county reiterated that water allocation and rights in the state are governed by the State Engineer's Office; local elected officials said they can raise issues with state authorities but do not have sole control over water permitting.

What the board will do next: Officials said they will examine contracts, schedule further presentations, and explore alternatives and studies on water replenishment and land-use impacts. The meeting record does not show any formal motion or vote on the matter during this session.

The meeting adjourned; the board set follow-up review and a presentation for a future session.