Draft agreements, applications and presentations describe projected water use and proposed mitigation, though none of the provisions were legally enforceable as of mid-September 2025.

Damien Willis, Organ Mountain News

SANTA TERESA - Doña Ana County records show that Project Jupiter’s proposed water strategy relies on projected usage estimates, proposed technology standards and future infrastructure funding, but none of the water-related provisions were legally binding as of mid-September 2025.

Doña Ana County documents related to the proposed Project Jupiter development describe a water approach built around low-water technology, estimated usage levels and future infrastructure investments. However, records reviewed by Organ Mountain News show the materials stop short of creating enforceable water-related obligations at this stage of the project.

Organ Mountain News reviewed the full set of county materials produced in response to public records requests, including draft legal agreements, applications, memoranda of understanding and presentation materials associated with the project. Taken together, the documents distinguish between proposed contractual commitments and descriptive estimates that would only become binding if approved and executed by the Doña Ana County Commission.

No binding water commitments yet in effect

As of the night before a scheduled Sept. 19, 2025, meeting of the Doña Ana County Board of County Commissioners, none of Project Jupiter’s water-related provisions had taken legal effect.

The commission packet included draft agreements that had not been finalized or executed. Some documents contained incomplete sections or placeholders under key financial headings. County officials also stated during public discussions that the project remained subject to site selection, incentive approval and permitting.

Because the ordinances and agreements had not yet been adopted or signed, no water-related requirements were legally enforceable at that time.

Proposed obligations in draft agreements

Several water-related provisions appear in draft legal documents that would become binding only if approved by the commission and formally executed.

A draft Project Participation Agreement states that the company would dedicate the first $50 million of its gross receipts tax proceeds to a separate county fund used exclusively for water or wastewater improvements in southern Doña Ana County. The dedication would occur only if the project generates sufficient tax revenue over time.

Draft bond ordinances and lease agreements also reference a requirement that the project use low-water or closed-loop cooling technologies. County officials have described this requirement as a condition the county intends to impose through final bond and lease documents.

The draft leases further require the company to maintain project facilities in safe repair and operating condition. That language would indirectly govern the operation of water-dependent cooling systems but does not establish specific water-use limits.

Estimates and descriptions in nonbinding materials

Most of the project’s detailed water figures and technical descriptions appear in documents that are explicitly nonbinding.

The memorandum of understanding, which describes itself as a framework rather than a contract, lists projected daily water use of about 20,000 gallons for a full campus buildout, with peak use estimated at 60,000 to 65,000 gallons per day. Those figures also appear in the industrial revenue bond application and executive summaries provided to the county.

The same materials describe the project’s cooling approach as non-evaporative and closed-loop, with presentations emphasizing that water would not be lost through evaporation. Community-facing materials compare the project’s ongoing water use to that of a typical office building with about 750 employees.

Presentations also state that the cooling system would require a one-time fill per building. The documents do not specify the volume of that fill or describe how additional water needs would be managed over time.

A proposed $250,000 contribution toward evaluating a regional desalination project appears in an appendix to the memorandum of understanding, along with general statements about funding off-site water and wastewater infrastructure. Those provisions are described as business points rather than enforceable obligations.

Why this matters

County records related to Project Jupiter form the basis for public discussion, incentive approvals and future permitting decisions. Understanding which water-related provisions are legally enforceable and which remain projections or proposals is critical for residents evaluating potential impacts on local water resources. The distinction also affects how future compliance, oversight and accountability would be handled if the project moves forward.

What the record does and does not establish

Taken together, county records outline how Project Jupiter’s developers say the project is designed to limit water use and contribute to regional infrastructure if approved. The documents repeatedly frame water consumption, conservation measures and mitigation investments as projections, estimates or proposed conditions tied to future approvals.

The materials do not establish enforceable caps on water use, monitoring requirements or compliance mechanisms as of mid-September 2025. They also do not address how water use would be managed if actual operations differ from projections over time.

County officials have stated that environmental reviews and permitting would be required before construction and operation, including analyses related to water use. Those processes had not concluded at the time the records were produced.

For residents evaluating the project’s potential impact on local water resources, the documents provide an overview of what has been proposed, but not a finalized set of binding requirements.

Organ Mountain News did not receive any executed ordinances or agreements establishing enforceable water-use limits or mitigation requirements in the county’s response to a public records request.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.