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OP ED: In New Mexico, Water Questions Deserve Facts

By John D’Antonio Jr., P.E.,
former New Mexico State Engineer

Much of my career has been devoted to New Mexico water issues, including service as State Engineer under three governors. That work reinforced what New Mexicans already know: water is our most precious resource. That is especially true in Northern New Mexico, where acequias are not simply irrigation systems but part of the history, culture and identity of communities that have depended on them for generations.

Protecting our water also requires understanding how New Mexico water law works as communities consider new economic and energy opportunities.

That matters in the discussion surrounding Kit Carson Electric Cooperative’s proposed green hydrogen project in Questa.

The project’s water requirements are not new depletions to the Upper Rio Grande Basin. They rely on existing Chevron water rights adjudicated in the Red River adjudication, permitted by the State Engineer and already included in OSE hydrologic modeling and historically put to beneficial use. The project would use only a portion of those rights.

Current estimates are about 47 to 50 acre-feet annually for hydrogen production, with an aggregate amount of roughly 70 acre-feet discussed for operational flexibility, fire suppression and dust control.

The associated well, POD-18, has previously been approved as a point of diversion for up to 250 acre-feet annually. In 2017, the State Engineer’s Office analyzed transferring water rights to that well, including potential impairment to other rights. The transfer was approved and was not protested.

That does not eliminate the need for scrutiny today; it provides a starting point.

Before a new purpose of use can be approved, New Mexico’s process gives affected water-right holders an opportunity to protest and present evidence. The State Engineer must consider impairment, conservation and public welfare.

Kit Carson has also brought in hydrologists to study the groundwater system and potential pumping effects. The central question is not simply whether the project uses water, but whether that use would impair someone else’s water right.

KCEC is not proposing to take drinking water from Questa residents, domestic wells or acequias for hydrogen production. The proposed source is groundwater from POD-18, an existing well associated with Chevron’s adjudicated rights. Any such use would require appropriate water rights and authorization under New Mexico law.

The well draws from more than 400 feet underground and a cement-bentonite seal from 415 feet to the surface prevents shallow groundwater from entering the well.

Acequias are surface-water systems dependent on snowpack, runoff and annual conditions. Additional modeling is underway to evaluate the relationship between this deeper groundwater source and surrounding water users.
The project calls for reverse-osmosis treatment before electrolysis, with closed-loop technology and reuse to reduce consumptive use.

New Mexico must do more with limited resources. We need reliable electricity, rural economic opportunities and infrastructure that can withstand drought, wildfire and changing conditions without abandoning hard-won water protections.

Responsible projects should identify a lawful water supply, invest in water-saving technology, protect existing users and submit to scientific, public and regulatory scrutiny.

Protecting what makes New Mexico special cannot mean standing still. It means moving forward responsibly while protecting the resources and communities that got us here.

When it comes to water, the way forward is through science, law, transparency and a public process that holds everyone accountable.

That is how we protect New Mexico’s water while still making room for New Mexico’s future.