New Mexico Debates Criminalizing False Water Data

It is not illegal for New Mexico water systems to falsify water-quality data, and lawmakers who want to change that say their efforts are being stymied.

“A bill that would have made it a felony for public water systems to lie to the state Environment Department was blocked [last week] by Republicans on the House of Representatives. Some sections of the oil and gas industry had opposed the measure, taking their concerns to Republican lawmakers,” The Santa Fe New Mexican reported.

The legislation would have prohibited false statements to the New Mexico Environmental Department and imposed criminal penalties for such acts.

Lawmakers supporting the bill said it would have made the public safer.

“We’ve seen environmental crises in Flint, MI, but we’ve also seen it much closer to home in Carlsbad, Ruidoso and other areas of New Mexico,” state Rep. Angelica Rubio, a Democrat, said. “How far will the GOP go in denying the destruction of our land and water systems before they put their communities over their special interests?”

But other lawmakers said the legislation could endanger low-level staffers if they are blamed for wrongdoing by their superiors. Republican Rep. Kelly Fajardo sponsored the bill.

“The New Mexico Oil and Gas Association said it did not have a position on the bill, but the Independent Petroleum Association of New Mexico fought some sections. Executive Director Karin Foster said ... that the association opposes creating criminal penalties for violations of environmental laws,” the report said.

New Mexico House Democrats released a statement last week slamming their GOP counterparts for “killing” the legislation.

“HB 371 had already been watered down so as not apply to the oil and gas industry and any possible contamination from fracking. All House Republicans on the [energy] committee opposed the bill moving on to the Judiciary Committee while all Democrats approved it. The vote was 5-5,” the statement said.

For similar stories visit Water Online’s Regulations And Legislation Solutions Center.