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LOCAL COLUMN

OPINION: When 'out of compliance' isn't enough

Doña Ana County residents deserve elected officials who act, not just acknowledge

Opponents of Project Jupiter display signs during a Doña Ana County commission meeting on June 9.
Published

At the June 23 Doña Ana County Board of County Commissioners meeting, the county’s own economic development director confirmed what many residents have suspected for months: Project Jupiter companies are out of compliance.  Commission Chair Manuel Sanchez acknowledged that the county is “a regulatory body” responsible for ensuring compliance. Both statements are true. What is also true is that saying it is not the same as doing something about it. Every week that passes without consequence is another week of construction in our desert, another week of water drawn from an aquifer that this entire region depends on to survive.

Doña Ana County residents were promised accountability. What we are watching instead is a slow-motion pattern of delay, deflection and corporate spin, underwritten by the very government body that is supposed to protect us.

Economic Development Director Denisse Carter reported that Project Jupiter has failed to submit quarterly job reports and has yet to provide the environmental assessments she requested. These are not optional. They are contractual obligations attached to an unprecedented public incentive package. The county approved $165 billion in industrial revenue bonds for this project in September 2025, offering tax exemptions in exchange for enforceable commitments. Yet here we are, months into active construction, and the companies cannot manage to file a job report on time.

Oracle, the project’s most prominent corporate face, has made this worse by running a coordinated misinformation campaign rather than answering basic questions. Oracle has been paying canvassers to knock on New Mexicans’ doors, running social media ads and attempting to hire online influencers to shift public opinion in favor of Project Jupiter’s air quality permit application. A company with the resources to fund that operation has no excuse for missing a quarterly compliance deadline.

The companies have repeatedly told the public that Project Jupiter will only use nonpotable water, framing it as though that distinction protects local residents. It does not. The truth is straightforward: Wells that supply homes and wells intended for agriculture and industry draw from the same groundwater. And it is finite. Every gallon pulled from that aquifer, for cooling, for construction or for future methane fuel cell plants, is a gallon that will not be available for families, farmers or the businesses that have built their livelihoods here long before any data center broke ground.

The Office of the State Engineer’s general counsel raised concerns that the gas power plants alone could require nearly 1 million gallons per day to operate, a figure that stands in stark contrast to the developers’ early assurances of minimal water impact. We are being asked to believe that a project drawing on our precious water poses no threat, even as our own government prepares for water scarcity it is helping to accelerate.

Project Jupiter is not an isolated case. It fits a pattern. Private corporations approach the county with bold promises; jobs, investment, economic transformation, secure public incentives or contracts, and then underdeliver without consequence. The companies change; the outcome stays the same. What also stays the same is an insufficient response from the commissioners who are supposed to hold those companies accountable.

That is the structural failure at the heart of this issue. It is not enough to pass a resolution directing staff to seek clarification. It is not enough to note, on the public record, that the commission is a regulatory body and the companies are out of compliance. Accountability requires consequences, and consequences require political will.

Some commissioners have been more vocal than others. Commissioner Susana Chaparro has been direct in naming the compliance failure and demanding answers directly from Oracle, Stack, Bloom Energy and OpenAI. Sanchez publicly acknowledged the county’s regulatory role. These actions are not nothing. The IRB deal was structured with oversight mechanisms, as it would be necessary for a project of this scale as it brings enormous political and economic pressure that small county governments are rarely equipped to resist alone.

But good intentions do not protect an aquifer. Public statements do not substitute for enforced deadlines. And the residents of Doña Ana County cannot afford to wait for the commission to feel ready.

Construction is underway. The air quality permit application is pending before the New Mexico Environment Department. Every day the commission waits is a day the project inches closer to irreversibility. Commissioners must move beyond resolutions and begin enforcing the agreement that was made on behalf of the public, not Oracle’s shareholders, not BorderPlex’s investors, but the people of this county. The residents and constituents who attend BOCC meetings, who submit comments and who watch livestreams after long workdays, are not asking for miracles. They are asking for representation they deserve.

Daisy Maldonado is with the Fighting Chihuahuan Desert Extraction Grassroots Groups.