SANTA FE, N.M.— The Center for Biological Diversity today filed an emergency petition with the New Mexico Supreme Court challenging the state’s approval of well drilling that has supplied millions of gallons of freshwater for Project Jupiter, the $165 billion data center campus proposed by Oracle and Open AI in Doña Ana County.

In October the New Mexico Office of the State Engineer granted an emergency authorization to Santa Teresa Capital to drill a replacement well to supply water for Project Jupiter’s construction. Since April more than 103 million gallons of water have been pumped from the new well.

“New Mexico water law sets clear and strict obligations that the state engineer has to follow when considering any changes in well location or water use,” said Colin Cox, a New Mexico-based attorney at the Center. “These include informing community members of the proposed changes and requiring the state to hold a public hearing. These are critical due process protections that have been cast aside for Project Jupiter.”

Under New Mexico water law, an emergency authorization allowing a replacement well to be drilled can only be granted under specific conditions. These conditions require a true emergency, such as imminent crop loss.

“Freshwater is New Mexico’s most limited and precious resource,” said Cox. “We have robust state laws to protect our water that have been blatantly violated. The Supreme Court has a duty to step in and enforce the law.”

Today’s petition asks the New Mexico Supreme Court to declare the state engineer’s emergency authorization illegal and stop water diversion to Project Jupiter until state requirements, including a public hearing, are met.