近距离内射合集

SOUTHERN NEW MEXICO

Water well authorization for Project Jupiter temporarily halted

State Supreme Court to consider whether drilling violated law

A conceptual rendering of Project Jupiter produced by developer BorderPlex Digital Assets.
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In the second of two Sunday night orders, the New Mexico Supreme Court called a temporary halt to the state鈥檚 authorization of a new water well supporting construction of Project Jupiter, the data center campus under construction in Santa Teresa. 

At 8:33 p.m., the court unanimously granted a request by the Center for Biological Diversity for a temporary stay on an emergency authorization for a new well on a historic right to groundwater near the Project Jupiter site.  

The nonprofit filed an emergency petition last week challenging the Office of the State Engineer鈥檚 approval of the well last October. Based on meter readings, the petition alleges over 100 million gallons of water have been pumped from the new well since April.

Petitioner Santa Teresa Capital of El Paso applied to OSE for a change to an existing water right 鈥 historically in place for irrigating a sod farm 鈥 plus emergency authorization to drill a replacement well. The water right allows up to 2,400 acre-feet per year.

OSE granted the authorization two days later; yet, after 10 months and despite a formal protest filed in January, the agency has yet to call a hearing.

The center argued that the emergency authorization served to expedite Project Jupiter鈥檚 construction, in violation of New Mexico water law. They are asking the state鈥檚 high court to declare the emergency authorization unlawful, temporarily halt activity and schedule the legally mandated hearing to determine whether the new well and water use are in the public interest.

A spokesperson for OSE declined to comment on the court鈥檚 order Monday morning, as it pertains to pending litigation. 

"We鈥檙e thrilled this stay from the New Mexico Supreme Court blocks Project Jupiter's unlawful water permit for now,鈥 Colin Cox, a senior attorney for the Center for Biological Diversity based in New Mexico, said in a written statement. 鈥淥ur precious freshwater is safe from this wildly unpopular mega data center. New Mexico has strict laws to protect our water that must be enforced. No company is above the law."

An Oracle spokesperson told the Journal, 鈥淲e are deeply saddened that this order impacts a local small business. The immediate impact of this order falls on the region's only commercial sod farm and the fourteen Santa Teresa residents whose jobs depend on its operations.鈥

Oracle pointed to its plans for a closed-loop cooling system and a 鈥渃arefully developed plan鈥 to manage water use for the center鈥檚 operations. It also announced a regional water efficiency program in collaboration with an agricultural tech company, Arable, it claims will conserve 21 million gallons per year. 

鈥淲e will of course comply with the order and remain focused on long-term water stewardship,鈥 Oracle鈥檚 spokesperson said. 

"Although the stay is not permanent, it gives people a chance to breathe, both literally and figuratively,鈥 said Maslyn Locke, a senior attorney with the New Mexico Environmental Law Center. 鈥淚t also shows that New Mexico has at least one branch of the government that may not be willing to let Project Jupiter developers simply get everything they want when they want it."

The five justices granted the request in a brief order that followed a temporary stay to proceedings for an air quality permit application for the data center鈥檚 power generation facilities. 

In that case, the nonprofit New Energy Economy is arguing that a public hearing concerning the permit is not ready to proceed because it has not established a fuel source. NEE鈥檚 claim is based on the State Land Office鈥檚 denial of access to state trust land for a brief segment of natural gas pipeline that would connect to the data center鈥檚 microgrid power generation facilities. 

Construction of the data center campus began last September, a month before petitioner Santa Teresa Capital of El Paso applied to OSE for permission to use the water right, arguing that a delay would cause economic harm. 

New Mexico State Engineer Elizabeth Anderson, center, is seen at a July 9 town hall in Deming. Flanking her are OSE General Counsel Nat Chakeres, left, and state Sen. Gabriel Ramos, R-Silver City.

The immediate affect on operations at the construction site was not clear Monday morning. Although the order places a stay on the well鈥檚 use, sufficient pumped water stored at the work site could sustain operations in the short term. Developers did not immediately comment on the court鈥檚 order or its impact on construction. 

"The stay of the water pumping is particularly huge for residents in Sunland Park and Santa Teresa, including our clients, because they haven't had access to safe and clean drinking water for decades and what little water they had was being recklessly pumped to support the development of a surveillance center that will do more harm than good,鈥 Locke said. 鈥淲e're grateful to both the Center for Biological Diversity and New Energy Economy for their hard work in this fight."

This is a developing story and will be updated.

Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com