New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 15 - OIL AND GAS
Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE
Section 19.15.34.8 - REQUIREMENTS FOR RE-USE, RECYCLING OR DISPOSAL OF PRODUCED WATER

(1) No permit or registration is required from the division for the re-use of produced water for drilling, completion, production, pressure maintenance, secondary recovery or enhanced recovery of oil or natural gas or plugging of wells pursuant to 19.15.34 NMAC.

(2) Any other re-use of produced water within the jurisdiction of the division requires prior approval by the division on form C-147. Approval requirements will be determined by the division based upon the proposed use.

(3) Research using produced water is to be encouraged through pilot projects approved by the division.

(4) All produced water for recycling or re-use shall be handled and stored in a manner that protects public health, the environment and fresh water resources.

(5) All operations in which produced water is used shall be conducted in a manner consistent with hydrogen sulfide gas provisions in 19.15.11 NMAC or NORM provisions in 19.15.35 NMAC, as applicable.

(6) All releases from the recycling and re-use of produced water within the jurisdiction of the division shall be handled in accordance with 19.15.29 NMAC. If the release is detrimental to ground or surface waters, the responsible party must send a copy of the form C-141 to the New Mexico environment department, as applicable, in accordance with 19.15.29 NMAC.

(7) Any release, discharge, handling, transport, storage, recycling or treatment for the disposition of treated produced water, including disposition in road construction maintenance, roadway ice or dust control or other construction, or in the application of treated produced water to land, for activities unrelated to the exploration, drilling, production, treatment or refinement of oil or gas is subject to rules adopted by the water quality control commission.

(8) Surface application of produced water or recycled produced water is prohibited on any facility within the jurisdiction of the division.

(1) delivery to a produced water disposal well permitted pursuant to 19.15.26 NMAC, a surface waste management facility permitted pursuant to 19.15.36 NMAC or a permanent pit permitted pursuant to 19.15.17 NMAC;

(2) recycling or re-use in accordance with 19.15.34 NMAC; or

(3) for uses regulated by the water quality control commission pursuant to the Water Quality Act, a person shall obtain a permit from the New Mexico environment department before using the produced water, recycled or treated water or treated product or any byproduct of the produced water.