For Immediate Release, August 24, 2026
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Contact: |
Colin Cox, (832) 316-0580, [email protected] |
New Mexico Supreme Court Pauses Illegal Water Use for Project Jupiter Construction
SANTA FE, N.M.— The New Mexico Supreme Court has paused the state’s approval of well drilling that has supplied millions of gallons of freshwater for Project Jupiter, the massive data center project being built by Oracle and OpenAI in Doña Ana County. The stay order, issued late Sunday, requires water use at the construction site to stop immediately.
“We’re thrilled this stay from the New Mexico Supreme Court blocks Project Jupiter's unlawful water permit for now. Our precious freshwater is safe from this wildly unpopular mega data center,” said Colin Cox, a New Mexico-based senior attorney at the Center for Biological Diversity. “New Mexico has strict laws to protect our water that must be enforced. No company is above the law.”
The pause comes in response to the Center’s emergency petition, filed Thursday, saying the New Mexico Office of the State Engineer illegally approved a new water well for Project Jupiter without complying with state law requiring the engineer to issue a public notice and hold a public hearing.
In October 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.
The Supreme Court ordered the state engineer to respond to the Center’s emergency petition by Sept. 2. The court will then decide whether the state engineer’s emergency water well authorization was legal, and whether the stay will be lifted or become permanent.
In addition to granting the Center’s request for a stay, the court also issued an order staying proceedings in the air pollution permit hearing for Project Jupiter’s power plant. New Energy Economy filed an emergency petition arguing the process was biased and that due process in the air permit hearing had been denied. The court ordered the environment department to respond to that petition by Sept. 2.
“Our state’s executive agencies are bending over backward to facilitate construction of what would be the largest source of greenhouse gas pollution in New Mexico,” said Cox. “I’m hopeful the court will require the state engineer and the environment department to enforce New Mexico’s strong air and water protections. With our state’s breathable air and drinkable water on the line, the stakes couldn’t be higher.”
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.8 million members and online activists dedicated to the protection of endangered species and wild places.