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The Watch · The Sequence

The Timeline

Every dated event in the record, with its sources. Two senators described this project the same way — as something moving faster than the public could follow. That is not an argument you can make in a paragraph; it is a shape. Here is the shape.

“There's been a strategy here… to race and get ahead so fast that we wouldn't know what was happening until it was too late.”— Sen. Joseph Cervantes, Aug 11, 2026

The Friction Ledger

Six places where a question, a deadline, or a review was removed from this project's path — each dated, each sourced, each marked by whether it can still be restored.

Under New Mexico law, a project that holds a valid approval and substantially changes position in reliance on it acquires a vested right — later rules cannot reach it (Brazos Land, 1993). On July 27, 2026, the applicant's counsel told the hearing officer the client “would stand to lose $325 million per month, beginning in November.” Whether the underlying approvals were valid is exactly what the Open Meetings Act suit (D-307-CV-2025-02766) will decide.

138 events shown · every entry carries its sourceThe empty space between entries is drawn to scale — the distance is the time. Spans past eighteen months are marked with a break.

How to read a badge

PSPrimary source — read off the document itselfCConfirmed — two independent accounts agreeCVCaveated — true with a stated limit on itTVTo verify — published so it can be checked
A tie marks entries that sit close together in time. That is all it marks.10 moElapsed time runs down the left margin, and the blank space is drawn to scale.
  1. Dec 23, 2013WATERPS● ledger

    The land/water split is created — twelve years early

    Instrument #1330941: on one day, Paseo Del Norte and Santa Teresa Land acquire the land while the Verde entities reserve easements over the wells in OSE file LRG-3150 — the land sold, the water kept. Section 3.1 already grants the landowner the right to relocate wells “to accommodate development or redevelopment.”

    Why this mattersThe land/water structure the 2025 closing rebuilt was written twelve years earlier. The 2025 deeds did not invent it; they inherited it.

  2. 6 years, 3 monthsnot to scale
    Mar 11, 2020DEALPS

    NMPRC approves IIF's purchase of El Paso Electric

    The utility that now serves the region passes to a JPMorgan-tied fund, with an $8.7M ratepayer credit and an arm's-length condition.

    Why this mattersThe utility that would have to serve a 2,462-megawatt load stopped answering to public shareholders here.

  3. 5 months
    Jul 29, 2020DEALPS

    The $4.3B EPE buyout closes; the utility leaves the NYSE

    After 73 years on the public market, El Paso Electric goes private under the Infrastructure Investments Fund.

    Why this mattersOwnership of the region's power moved behind a fund five years before the region was asked to power a data campus.

  4. ≈ 3 years, 5 monthsnot to scale
    Dec 2023WATERC

    CRRUA found bypassing three of four arsenic plants

    The utility that will supply the campus's drinking water was running most of its arsenic treatment offline — 58 deficiencies.

    Why this mattersThe utility named to supply the campus's drinking water had already failed at the simpler job.

  5. ≈ 9 weeks
  6. 10 months
    Jan 6, 2025DEALPS● ledger

    The land goes under option — eight months before the vote

    A memorandum recorded three weeks later shows BorderPlex held an option on 400 acres of the Santa Teresa assembly from January 6 — before the February MOU, and long before the September bond vote.

    Why this mattersThe land was locked up eight months before the public vote that ratified it.

  7. 5 weeks
    Feb 10, 2025LAWPS

    The HGEIC committee substitute for HB 93 is dated

    The grid-technology bill takes the form it will keep — before the microgrid section is added.

    Why this mattersThis is what HB 93 said BEFORE the microgrid exemption was added — the baseline every later diff is measured against.

  8. The amendment · 50 days50 daysA bill dies and its substance becomes law inside seven weeks.
    Feb 17, 2025LAWPS

    SB 418, Padilla's Qualified Microgrid bill, is introduced

    The standalone version of the microgrid carve-out — sole sponsor Sen. Michael Padilla.

    Why this mattersThe exemption first existed as its own bill with its own sponsor, which is what makes its later route significant.

  9. Feb 22, 2025LAWPS

    SB 418 dies — reported Do Pass, then postponed the same day

    The bill never gets a floor vote. Its substance does not disappear.

    Why this mattersA bill that cannot survive its own committee is the clearest evidence its substance was not going to pass on the merits.

  10. 2 weeks
    3 entries · 2 days apartThree steps — amendment, concurrence, adjournment — inside forty-eight hours.
    The 48 hours2 daysFinal passage happened two days before the Legislature went home.
    Mar 20, 2025LAWPS● ledger

    The amendment: Section 6 is added to HB 93; the Senate passes it 37–4

    Senate Floor Amendment 1 — “amendment sponsored by Senator Padilla” — inserts the self-sourced-power exemption. A floor substitute carrying it is adopted.

    Why this mattersThis is the moment the public-interest test was deleted. Everything downstream runs through it.

  11. Mar 21, 2025LAWPS

    The House concurs — one day later

    The Fiscal Impact Report is updated with a synopsis of the amendment noting it “relates to Senate Bill 418.”

    Why this mattersThe chamber that had passed a different bill got one day to notice what had been added to it.

  12. 2 weeks
  13. 12 weeks
  14. 6 weeks
    Aug 15, 2025DEALC

    Yucca Growth Infrastructure incorporates in Delaware

    The entity that will file the air permit — and, it later emerges, fund the campaign urging its approval — is formed eleven days before the county's inducement resolution.

    Why this mattersThe permit applicant and the sole funder of the campaign urging its approval are the same entity, formed here.

  15. Aug 26, 2025COUNTYPS

    The county adopts the IRB inducement resolution

    Doña Ana County sets the industrial-revenue-bond structure in motion.

    Why this mattersThe county started the bond clock twenty-four days before it voted on the bond.

  16. 2 weeks
    Sep 12, 2025AIRPS

    The Environment Department makes its technical contractor the supplier of its judges

    NMED amends its existing master agreement with Eastern Research Group — a contractor already paid to provide the Department with modeling, permit review and expert testimony — to add a hearing-officer category: “ERG shall supply qualified personnel, hereafter referred to as ‘Hearing Officers,’ who are independent and neutral.” Deputy Secretary John Rhoderick signs it on the line printed for the Cabinet Secretary. Seven days before the county pledges $165 billion.

    Why this mattersNine months later the same Deputy Secretary holds final decision authority over this permit, and a hearing officer engaged through this contract presides over it.

  17. 4 weeks
    Oct 14, 2025COUNTYPS

    Ordinance 369-2025 adds LEDA permit-fee assistance

    A third ordinance extends the incentive package.

    Why this mattersThe incentive package kept growing after the vote the public was told was the decision.

  18. Oct 17, 2025COURTPS

    The first Open Meetings Act suit is filed

    NMELC, for the Empowerment Congress and two residents, sues to void Ordinances 367 and 368 — Case D-307-CV-2025-02766.

    Why this mattersThe attack on the vote's validity begins within a month of the emergency well filing.

  19. 3 entries · 2 days apartThe filing, the stay motion, and the authorization — all inside forty-eight hours.
    Oct 21, 2025WATERPS● ledger

    The emergency well is filed

    Santa Teresa Capital requests emergency authorization under § 72-12-22. The letter, signed by agent Gilbert G. Mesa and copied to managing partner Lane Gaddy, states THREE wells had failed — and lists the industrial project’s construction schedule among the nine reasons. The action box on the application form is blank — but an authorization issued two days later, on October 23, and the Supreme Court stayed it on August 23, 2026.

    Why this mattersOne month after the vote, the water question the county called settled reopened as an emergency.

  20. Oct 23, 2025WATERPS

    The State Engineer authorizes the well — two days after the request

    Emergency Authorization, File LRG-03150-E, Permit LRG-03150-POD 50, tag 40C14, signed for District IV by Deputy District Manager JR Hennessey. It finds an emergency in which delay from publication and hearing “may result in economic loss,” and conditions the well narrowly: same underground source, same amount of water, same place and purpose of use as the right it replaces. The new well sits within a hundred feet of the old one.

    Why this mattersThe document this record described for months without having seen — and the one the Supreme Court stayed ten months later.

  21. 3 entries · 2 days apartThe Legislature is briefed on the water on a Wednesday; the agreements are signed in private on a Thursday.
    Oct 29, 2025LAWPS

    The Legislature is briefed on the project’s water — six days after the well was authorized

    In Artesia, the interim Water and Natural Resources Committee takes up “Data Centers: Water and Energy Use and Project Jupiter Update.” Among the presenters: Deputy State Engineer Tanya Trujillo, who tells members a new data center should align with the state’s 50-year water plan, and Daisy Maldonado of the Empowerment Congress, who presents the project as four data centers and a 700-megawatt gas plant.

    Why this mattersEight days after the emergency application and six days after it was granted, the Legislature was being briefed on this project’s water — by the State Engineer’s own deputy.

  22. Oct 30, 2025COUNTYC● ledger

    The agreements are signed in private — and they have grown from 359 pages to 1,583

    Commissioners authorized the chair to negotiate final changes outside public session. The package the public saw at the September vote was 359 pages; the one Christopher Schaljo-Hernandez signed six weeks later runs 1,583 — and the word “potable” had been added to the water cap.

    Why this mattersThe document the public read ran 359 pages. The one that governs runs 1,583, and no commissioner read the difference in public.

  23. 3 entries · 2 days apartThe deal closes on a Wednesday — the land recorded, the bonds bought by the borrowers’ own companies — and on Friday the power plant’s air applications are filed.
    Nov 12, 2025DEALPS

    The closing: twelve instruments in one day

    Consecutive instruments #2525177–2525188 record the whole assembly and distribute it the same day — parcels out to the power entity, four data-center entities, and a 702-acre tract to an entity named “SI SNM01Expansion, LLC” — larger than the announced campus.

    Why this mattersThe recorded footprint is larger than the announced one.

  24. Nov 12, 2025DEALPS

    Every bond is bought by a company on the borrowing side

    The Bond Purchase Agreements recorded that day name the lenders. Oracle America, Inc. buys the $124,999,925,000 Series 2025C issued for Green Chile Ventures; Red Chiles Sub A–D buy the four $6.25 billion subseries issued for Red Chiles A–D; Yucca Growth Infrastructure Purchaser, LLC buys Yucca Growth Infrastructure’s $15 billion. No outside investor appears in any of them.

    Why this mattersThe bonds are how the tax break works, not how the campus is paid for — so the money that can actually be lost sits somewhere the county’s papers don’t show.

  25. Nov 14, 2025AIRPS○ ledger

    The East and West applications are filed — the caps are promises, not hardware

    Acoma, LLC submits two gas-turbine applications. Requested caps: 249.97 and 248.90 tons of NOx against a 250-ton federal review line — while the East application’s own table puts uncontrolled potential at 3,699.16 tons. The caps are built from dispatch promises: “only thirty (30) units will operate at 100% load”; “not more than five (5) turbines will operate simultaneously.” The listed plant owner is Doña Ana County.

    Why this mattersThe cap is not a control technology. It is a promise about how many turbines run.

  26. 6 weeks
    Dec 24, 2025LAWC

    $32,400 to Padilla from the Alarid cluster — in one day

    Seven CFIS-recorded contributions on a single date, nine months after the amendment became law.

    Why this mattersThe money arrived nine months AFTER the amendment became law. The sequence is the point, and it runs the other way.

    In the recordMichael Padilla
  27. 2 weeks
    Jan 9, 2026WATERPS

    The emergency-well protest deadline closes

    Thirty-two protests are on file against a well that was already drilled and in use — among them the Center for Biological Diversity’s, filed on the deadline. The application they protest is LRG-03150-POD 50, a change of point of diversion.

    Why this mattersThe clock on a hearing that would still not be docketed seven months later starts here.

  28. Jan 14, 2026LAWC

    The first critical account of the microgrid loophole

    Source NM describes Section 6 as an ETA circumvention — ten months after the Fiscal Impact Report described the same provision.

    Why this mattersTen months passed between the state's own record describing the exemption and anyone reporting it.

    In the recordSource New Mexico
  29. 3 entries · 3 days apartThree days in the final week of the thirty-day session: a settlement, a tie, and a bill that would die in committee.
  30. Feb 14, 2026LAWPS

    The lobbying-disclosure bill fails on a 32–32 tie

    HB 164, Lobbying Activity Reports — the 2026 return of the disclosure bill vetoed in 2025 — fails on the House floor 32–32. Its first 2026 version, HB 35, had been postponed indefinitely without a vote.

    Why this mattersThe same day the Senate passed the microgrid bill, the House split evenly on telling the public what lobbyists work on.

  31. Feb 14, 2026LAWPS

    The Senate passes the Microgrid Oversight Act, 22–20

    The bill would have put the PRC over microgrids, required water-use reporting, and barred passing microgrid costs to ratepayers.

    Why this mattersA majority of the Senate voted to restore the review the amendment had removed.

  32. 3 weeks
    Mar 13, 2026DEALPS

    A Blue Owl trust lists the Red Chiles companies as its own

    Blue Owl Real Estate Net Lease Trust, a non-listed Blue Owl REIT, files its annual report. Exhibit 21.1, the list of subsidiaries, includes Red Chiles Holdings A–D, Red Chiles A–D and Red Chiles Sub A–D — the Series 2025B companies and the companies that bought their bonds. It does not state the trust’s ownership share.

    Why this mattersIt is the first filing found that ties a Blue Owl vehicle to the Jupiter structure.

  33. Mar 20, 2026COURTPS

    Dismissal denied — and the stay denied too

    Judge DeLaney refuses to throw out the Open Meetings challenge, issuing a writ of certiorari for review on the administrative record. She also refuses to pause the ordinances. The validity attack survives; the clock never stops.

    Why this mattersThe challenge to the vote's validity survives and the construction never pauses — every week built strengthens the argument that it is too late to stop.

  34. 4 weeks
    Apr 16, 2026WATERPS

    The State Engineer acknowledges the protests — and says it will docket them

    By certified mail to Santa Teresa Capital: the protests are enclosed, the application has gone to the Administrative Litigation Unit, and the office “will file a Request to Docket Protested Application.” Three months after the protest deadline. As of the Center’s August 20 petition, four months later still, no hearing had been docketed.

    Why this mattersSeven months between a protest deadline and no hearing — while the meter ran.

  35. Apr 27, 2026AIRC○ ledger

    The threshold-engineered applications are withdrawn

    Acoma pulls the East (10732) and West (10734) microgrids — each 0.03 tons under the major-source line — the day NMED decides to hold a hearing; the fuel-cell replacement's modeling is dated the same day.

    Why this mattersTwo permits engineered to sit just under the review line were pulled the day review became certain.

  36. 4 weeks
    May 26, 2026WATERPS

    The Supreme Court enters the Rio Grande decree

    In one paragraph the Court ends a thirteen-year case and puts New Mexico under an obligation to cut 18,200 acre-feet a year of depletions in this basin within ten years — half of it within five.

    Why this mattersNew Mexico is now legally obligated to take water OUT of this basin.

  37. May 26, 2026WATERC

    The decree says nothing about a new industrial user

    It is sector-neutral, imposes no moratorium on new appropriations, and nothing on the record reconciles a new large groundwater demand with an obligation to reduce them. That question goes to a state plan due May 2028.

    Why this mattersThe obligation is real and nothing on the record reconciles it with a large new industrial demand.

  38. May 2026COUNTYC

    A state special audit finds 42 failures across county government

    Jaramillo Accounting Group's special audit — begun over a sheriff's-office dispute, expanded across county operations — finds 42 findings; State Auditor Joseph Maestas calls them “serious and systemic failures.” DFA later deems 19 of them material weaknesses describing an environment where misuse of public money could occur undetected. The audit is about county government broadly; it does not concern Project Jupiter.

    Why this mattersThe institution that holds title to a $165 billion project, and is the counterparty meant to enforce its agreement, has audited weaknesses in its own financial controls.

  39. Jun 2, 2026VOTEC

    Primary day: the capture is on the ballot, and the November matchup is set

    Three Jupiter-connected figures run — among them Shannon Reynolds, third for Assessor, and BorderPlex consultant Jose Ibarra for District 3. And in District 1, Daisy Maldonado — who entered the race over the IRB vote — wins the Democratic primary by 277 votes. The seat is open: Christopher Schaljo-Hernandez, who chaired the $165B vote and signed the final agreements, is not seeking reelection. Her November opponent: water attorney Samantha Barncastle Salopek.

    Why this mattersThe commission majority that approved the deal is already dissolving — the chair's own seat is decided by voters who have watched all of it.

  40. Jun 9, 2026LAWC

    Socorro County adopts a one-year moratorium

    The first New Mexico county to pause data centers outright.

    Why this mattersThe first county to decide it needed time. Three more follow.

  41. 3 entries · 3 days apartNational coverage, the state's own modeling, and the start of a paid campaign, inside three days.
    Jun 14, 2026PEOPLEC

    NPR: “Worries over water”

    National coverage frames the water question against chile and pecan farming.

    Why this mattersThe water question stops being a local story.

  42. Jun 16, 2026AIRPS

    NMED's modeling review lands

    The state's own numbers for the current permit: 37.2 tpy NOx, minor for PSD, while the site “will be a major source for Title V.”

    Why this mattersThe state's own arithmetic — the numbers the air case is argued from.

  43. Jun 17–30, 2026PEOPLEC

    A paid influencer campaign runs before comments close

    Xomad recruits New Mexico creators for a two-week paid push whose stated goals include helping “increase positive comments” — ending days before the July 6 deadline.

    Why this mattersPaid creators were recruited to shape the comment record in the window before it closed.

    In the recordXomad
  44. Jun 22, 2026COUNTYC

    The state orders the county under outside fiscal oversight

    DFA requires a state-approved external fiscal agent for the county's capital-outlay and special-appropriation grants — reviews, reconciliations, no advance funding — until all 42 audit findings are remedied. No fixed end date.

    Why this mattersThe county may no longer handle certain state money without a chaperone — while administering the largest IRB in state history.

  45. 4 entries · 2 days apartTwo of these share a date; the third follows two days later.
  46. Jun 30, 2026LAWC

    Santa Fe County adopts an 18-month moratorium

    Data centers of 1 megawatt or more are paused for eighteen months, citing Project Jupiter by name — the second of four New Mexico counties to act.

    Why this mattersA county with no stake in this project paused data centers citing this project by name.

  47. Jul 1, 2026AIRPS

    The hearing exists because roughly 6,700 people wrote in

    Air Quality Bureau Chief Cindy Hollenberg writes to Cabinet Secretary James Kenney, through Division Director Michelle Miano, recommending a public hearing. Her memorandum records the permit's administrative spine — application received April 27, ruled complete May 27, notice published in English and Spanish in the Albuquerque Journal and the Las Cruces Sun News, comment closing July 6 — and then a count: “approximately 6,700 public comments” as of that day, “with comments both supporting and opposing the application.” On the volume and “significant public interest” under 20.2.72.206 NMAC, the Bureau recommends a hearing. Kenney signs under “I concur.”

    Why this mattersEverything that has since been scheduled, accelerated, litigated, stayed and left unheld follows from a bureau chief asking for a hearing and a cabinet secretary saying yes.

  48. Jul 2, 2026AIRPS

    Max Shepherd is appointed hearing officer; the final decision goes to Rhoderick

    Cabinet Secretary Kenney orders a hearing and appoints Max Shepherd to run it, and delegates authority to make all final and dispositive decisions to Deputy Cabinet Secretary John Rhoderick.

    Why this mattersOne person runs the hearing; a different one decides the permit.

  49. 3 entries · 3 days apartThe comment period closes, the hearing officer tells the department he cannot yet act, and the state opens a fraud investigation into the comments — inside three days.
  50. Jul 7, 2026AIRPS

    The appointed hearing officer says he cannot act until a contractor completes his contract

    Five days after NMED appoints him, Max Shepherd writes to the Department and to Eastern Research Group: “I am currently waiting for Susan Day at ERG to complete my new service contract. Until that contract is in place I cannot perform any hearing officer duties.” Two days later the Department’s assistant general counsel follows up on the contract’s status, copying ERG, before the scheduling conference can be set.

    Why this mattersThe appointment and the engagement were two different things, and the proceeding waited on the one the public cannot see.

  51. 3 entries · 2 days apartA state denial, a county moratorium, and a hearing date, all in the same stretch of mid-July.
  52. The reschedule · 21 days21 daysA denial on Monday, a reversal on Wednesday, a challenge denied inside a month.
  53. 11 entries · 13 days apartSix entries in eight days, bracketing the week the hearing moved.
    Jul 24, 2026COURTC

    Elevate settles — and names its only funder

    Compelled to register, the “secretive Virginia nonprofit” that lobbied NMED to approve the air permit discloses $3,667,000 in contributions, all of it from Yucca Growth Infrastructure — the applicant itself — and $419,478 in ad spend.

    Why this mattersThe nonprofit lobbying the state to approve the permit was funded entirely by the applicant.

  54. Jul 27, 2026AIRCV● ledger

    The applicant asks to move the hearing up

    Counsel Jennifer Bradfute argues “$325 million per month, beginning in November”; the hearing officer says no, in the room — finding the developer’s financial exposure arose from proceeding without a permit and did not outweigh due process. The same day, on the Governor’s published calendar, representatives of Oracle met with the Governor’s Office.

    Why this mattersTwo things happened on July 27. He said no, and a meeting took place. Two days later he said yes.

  55. Jul 28, 2026COUNTYC

    The manager who signed the framework MOU is gone; three acting managers take over

    County Manager Scott Andrews — who signed the county's framework MOU three days after the $165B vote — has his contract terminated unanimously, without cause. After a closed session, commissioners appoint Deb Weir, Lucio Luttrell, and Stephen Lopez as JOINT acting managers. The county does not say how authority divides among them, who holds final say over contracts and personnel, or how long the arrangement lasts.

    Why this mattersThe institution administering the largest IRB in state history enters its permit-decision autumn with no permanent executive and an authority structure it has not explained.

  56. Jul 28, 2026COUNTYC

    The job numbers are presented to the county — the required report is not

    Oracle Cloud Infrastructure EVP Mahesh Thiagarajan and STACK Infrastructure Chief Development Officer Bobby Hollis tell county commissioners the project employs nearly 700 New Mexicans in ongoing construction, nearly 2,800 construction workers to date, and $734 million in contracts with New Mexico suppliers. They also commit to 100% carbon-free energy matching by 2031. Commissioners had set that Friday as the deadline for the developers' annual jobs report. It was not available. The county said it contains personally identifying information and that a summary would be posted.

    Why this mattersA presentation is not a filing. The numbers the public can check are the ones in the report that did not arrive.

  57. Jul 28, 2026DEALPS

    “Long-term” means 17.9 years — and the $4.7 billion assumes the permit and pipeline

    Oracle’s deck to the commissioners builds its $4.7 billion figure on 17 years of operating-period tax and activity against a 30-year bond term, and footnotes it: “These projections assume the air permit and pipeline are timely approved, as originally planned.” Asked to define long-term, the presenters answer on the county’s recording that Oracle’s duration “is about 17.9 years” and STACK’s “at least … 25 to 30.” The same morning Oracle had opened by promising “to be here in the county for decades.”

    Why this mattersThe benefit number the county was shown depended on the two approvals the tenant would later cite as force majeure.

  58. Jul 29, 2026AIRPS● ledger

    Two days later, the hearing moves five weeks earlier

    The amended order sets September 14 — citing the due-process arguments of the three parties who opposed the move.

    Why this mattersFive weeks of preparation vanished — justified by the due-process objections of the parties who lost them.

  59. Aug 3, 2026LAWPS

    Texas pauses data-center grid connections — and exempts the kind that builds its own power

    The Governor of Texas orders the utility commission and ERCOT to audit every data center advancing through the interconnection queue, and halts them until it is done. About 474 gigawatts of requests were pending, roughly 90% of it data centers. The pause reaches projects asking to draw from the grid, 75 megawatts and up; facilities that generate their own power and never enter the queue sit outside it entirely.

    Why this mattersThe most aggressive state action in the country would not have reached a campus built the way this one is built. The thing that triggers the oversight is the connection it does not make.

  60. 12 entries · 5 days apartSix entries in four days — the densest stretch in the record.
    Aug 9–10, 2026AIRPS● ledger

    The show-cause order is withdrawn

    The hearing officer takes the fuel question back — “inadvisably filed” — and sends it to sworn testimony at the hearing.

    Why this mattersThe fuel question does not disappear. It moves to sworn testimony, where it is harder to answer.

    In the recordMax Shepherd
  61. Aug 10, 2026COUNTYPS

    Twenty-five scholarships

    A fund established by Oracle and administered by the Community Foundation of Southern New Mexico makes its first awards to Doña Ana County students — four-year and community colleges in New Mexico, special consideration for Santa Teresa and Sunland Park, degrees in education, nursing and social work. New Mexico already offers tuition-free college to eligible students; what these cover is housing, transportation, books and food.

    Why this mattersThe smallest line in the ledger of what the project has actually delivered, and one of the few that is delivered rather than projected.

  62. Aug 7–10, 2026AIRPS

    The applicant files a brief the rules do not allow

    NMAC 20.1.4.200.D gives a discovery fight a motion, one response and one reply — “that is where the briefing ends.” After the movants' replies land on August 3 and August 5, the applicant files a sur-reply on August 7 without seeking leave, which the Center for Biological Diversity and two individual intervenors describe as “poorly concealed within its response to a separate discovery request.” On August 10 they move to strike it. The applicant opposes. The docket does not show the motion ever being ruled on.

    Why this mattersTwo days later the hearing officer denied all of the discovery — with an unauthorised brief from one side sitting unstruck in the file.

  63. Aug 11, 2026COUNTYC

    The county creates a citizen monitoring committee — Resolution 2026-101

    Eleven residents — two per commission district, a third from the chair's — with authority to write their own bylaws, elect officers, and hold independent information forums. Members may hold no financial interest for or against the project; the county must provide logistics, Spanish interpretation, and an advising attorney, and is directed to ask the project's companies to participate.

    Why this mattersThe first structural oversight instrument the county has created since the vote it took eleven months ago.

  64. Aug 11, 2026WATERPS

    Oracle announces a program to save more water than the campus uses

    A partnership with the agricultural-technology company Arable, funding irrigation-efficiency work in the Rio Grande–Bravo watershed — the same watershed that serves the campus — to conserve about 21 million gallons a year through in-field sensors and grower training. Oracle's own framing: more than twenty times the water needed to run the campus's cooling and power systems, and more than its total consumption at peak employment. An independent assessor is promised, and published validation reports.

    Why this mattersWork the ratio backward and the operational figure is about a million gallons a year. The State Engineer's meter shows 103.6 million gallons from the construction well in 109 days. Both numbers are true; they are measuring different things.

  65. Aug 12, 2026AIRC

    Discovery is denied — the hearing officer's third reversal

    Max Shepherd denies discovery after previously saying it would be allowed, writing that his “initial interpretation of discovery” “was incorrect” — and adopting the applicant's brief verbatim: that the rules authorize discovery only in Solid Waste Act hearings, that the Air Act permits it only in enforcement proceedings, and that no due-process argument requires it. That is a real statutory argument, and if it is right he never had the power. What survives it is reliance — the parties had litigated discovery on his earlier ruling. He denies New Energy Economy's motion for reconsideration the same day. With discovery gone, opponents said the administrative record — thousands of pages, by the department's own attorney's account — would not reach them until August 24, the day their technical testimony was due.

    Why this mattersYou cannot build technical testimony from a record you receive on the day the testimony is due.

  66. Aug 14, 2026COUNTYC

    The county hires its required fiscal chaperone — up to $489K from reserves

    In a six-minute special meeting, commissioners approve the SENMEDD contract 4–0 to satisfy the DFA order. Staff note one rejected bidder wanted 20% of each grant — $15–20 million across the ~108 affected appropriations. Chair Manuel Sanchez: “truly the best option based off of the cost.” The price may still rise as appropriations arrive.

    Why this mattersComplying with the state's finding that the county cannot yet be trusted with its own grant money costs the reserves half a million dollars, open-ended.

  67. Aug 14, 2026WATERC

    The pipeline slips to February 2027

    In filings before FERC, Energy Transfer moves the Green Chile Project's anticipated in-service date from this month to February 2027. The $60 million lateral was to carry gas from El Paso to the campus, along a route the State Land Commissioner has twice refused to allow across state trust land. Oracle's statement to Source New Mexico: “Project Jupiter remains on schedule.”

    Why this mattersThe fuel supply the air permit assumes has moved six months further out — and the permit decision is still due in November.

  68. Aug 15, 2026COUNTYPS

    The jobs report arrives — two weeks late, eight pages, signed by Oracle’s tax director

    Dated July 31, posted to the county website August 15, signed Leslie Mitchell, Director of Tax Planning, Oracle. Its own line: “The IRB agreements require the creation of 775 long-term jobs” — 750 full-time and 50 part-time at half weight. Through June 30: zero permanent, 2,105 construction jobs on average, 2,473 at peak, 5,969 workers participated, $355,967,691 in contracts to nine county firms. It contains no count of who on the site is from the county. Rep. Lara Cadena: “eight pages of propaganda.”

    Why this mattersThe one thing the agreements require it to show is the one thing it does not.

  69. 18 entries · 15 days apartFifteen days that turned a permit schedule into a constitutional question: a motion to remove the hearing officer, a petition to the Supreme Court, his recusal on a Saturday, two stays on a Sunday, a filing deadline that no longer applied, a member of Congress demanding the water be accounted for, the State Engineer answering, and the Attorney General filing against two agencies of his own state.
    Aug 19, 2026AIRPS

    The motion to remove the hearing officer

    The New Mexico Environmental Law Center and the Center for Biological Diversity file an emergency joint motion to disqualify Max Shepherd, alleging favoritism toward the applicant, Oracle and the Environment Department across a series of rulings: the hearing pulled five weeks forward at the applicant's request, the fuel-supply order withdrawn as “inadvisably filed,” and discovery denied after he had said it would be allowed.

    Why this mattersThree separate reversals, logged here as they happened, are now a single argument in a single motion.

  70. Aug 20, 2026COURTPS

    The petition that produced the water stay — and a metered number

    The Center for Biological Diversity files a 151-page emergency petition for a writ of mandamus against the State Engineer, with Santa Teresa Capital as real party in interest. Its central factual assertion, which it calls undisputed: on October 23, 2025 the State Engineer GRANTED the authorization Santa Teresa Capital sought, without the advertisement and hearing the Center argues §§ 72-12-3 and 72-12-7 require for a new use. And a figure this record has never had: the State Engineer’s own meter record shows 318.001 acre-feet — 103,620,944 gallons — drawn from the new well between April 14 and July 31, 2026.

    Why this mattersEvery water figure on this site until now was a projection. This one is a meter reading.

  71. Aug 20, 2026AIRPS

    The remedy was the hearing, and there was no hearing

    Nicholas Maxwell had asked for something narrow: leave to supplement his direct technical testimony if materially responsive information arrived too late to use by August 24, the day that testimony was due. Max Shepherd denies it, finding that Maxwell “failed to explain” why rebuttal and cross-examination at the hearing would not do, and that the concern was “speculative and premature.” Maxwell answers the same day with the rule: 20.1.4.400(A)(1) NMAC puts the burden of an affirmative case on the challenger, and §400(B)(2) limits technical material at examination to what was timely placed in the record — so rebuttal “follows, rather than substitutes for,” the affirmative case, and material first disclosed on August 24 cannot be “reviewed, supplied to a witness, analyzed, incorporated into calculations, or used in Maxwell’s filing due that same day.”

    Why this mattersThe cure the hearing officer named was cross-examination at a hearing. Three days later the Supreme Court stayed the proceeding, and the hearing still has not happened.

  72. Aug 21, 2026AIRPS

    One line, the day before he left

    Max Shepherd signs a two-line order: Maxwell's expedited motion to reconsider and vacate the August 20 order, or in the alternative to amend and clarify it, “is hereby denied.” No reasoning is given. He recuses himself the next day and the Supreme Court stays the proceeding the day after that.

    Why this mattersThe last substantive act of the hearing officer who had run the proceeding since July 2.

  73. Aug 21, 2026AIRPS

    The same question was put to a court once before, and went unanswered

    Nicholas Maxwell files 133 pages supporting the disqualification motion in part, and puts the ERG contract documents into the Hearing Record. His reason for filing them now is a 2021 Court of Appeals opinion from the WIPP permit case, where two conservation groups argued an NMED hearing officer should have been disqualified “because of his contract with NMED.” The Court declined to reach it: they “failed to preserve this issue by raising it below, raising it only after NMED issued its order.” A footnote says how — they never introduced the contract at the hearing and attached it to their appellate brief instead. Maxwell is careful about the limits: adverse rulings are not bias, he alleges no financial stake for the contractor in the permit, and the earlier case involved a direct hourly contract with no contractor in between.

    Why this mattersNew Mexico has no appellate holding on whether an Environment Department hearing officer’s contract with the Department requires disqualification, and the reason it has none is that nobody filed it in time.

  74. Aug 22, 2026AIRPS

    The hearing officer steps aside

    Max Shepherd signs a recusal order on a Saturday, three days after the motion. The Environment Department publishes it Monday — the day after the Supreme Court stayed the whole proceeding. The recusal is not a finding that he was biased, and this record does not report it as one. Maslyn Locke of the law center said he “did the right thing,” and that the groups hope residents will have a role in choosing any replacement.

    Why this mattersThe proceeding that decides the permit now has no one presiding over it — and a decision deadline in November that has not moved.

  75. Aug 23, 2026COURTPS○ ledger

    The New Mexico Supreme Court stops both proceedings — the first time anything has

    Two unanimous orders, minutes apart. In New Energy Economy v. NMED the Court stays the entire administrative proceeding on Air Quality Permit 10883, halting the September 14 hearing while it considers a petition for a writ of mandamus. In Center for Biological Diversity v. Anderson — naming the State Engineer, with Santa Teresa Capital as real party in interest — it stays the October 23, 2025 emergency authorization permitting well water to be used for construction. Chief Justice Vargas and Justices Vigil, Bacon, Thomson and Zamora concurred in both. Responses due September 2; no replies unless ordered. Neither order decides any merits.

    Why this mattersFor eleven months the pattern held: challenges lived, and the work continued anyway. This is the first order that stopped something.

  76. Aug 24, 2026WATERPS

    A member of Congress asks the state to account for the water

    Rep. Melanie Stansbury writes to the Attorney General, the State Engineer, the Environment Secretary and the chair and director of the Interstate Stream Commission, asking for a “clear public accounting” of the project’s water sources, rights and permits by August 28. Her letter sets out the year: record-low snowpack, statewide curtailments, Elephant Butte at its lowest storage since 1971, and the Rio Grande dry through the middle reach for more than three months.

    Why this mattersThe first federal demand for the accounting this record has been assembling by hand.

  77. Aug 24, 2026AIRPS

    Technical testimony and prehearing motions were due — then stayed

    Experts were to file their full written evidence and the lawyers their last arguments. The Supreme Court stayed the whole proceeding the day before; it lifted the stay September 17, and whether this deadline is reset is for a hearing officer who has not been named.

    Why this mattersThe last day to put expert evidence in front of the hearing officer — a day that passed with no officer to receive it.

  78. Aug 25, 2026LAWC

    The district’s congressman cosponsors two federal bills

    Gabe Vasquez signs on to H.R. 9655, which would stop utilities recovering large data centers’ grid costs from ordinary ratepayers, and H.R. 9825, which would compel disclosure of data-center water and energy use on penalty of $20,000 a day.

    Why this mattersThe two questions this record has spent a year on — who pays for the power, and who is allowed to know the water — now have bill numbers.

    In the recordGabe Vasquez
  79. Aug 25, 2026WATERC

    Oracle's fifteen-year water number, broken out at last

    Pointed to an August 11 Oracle breakdown by County Commission Chair Manuel A. Sanchez, Organ Mountain News publishes the first accounting that covers both the four buildings and the fuel cells. About 10 million gallons to fill the four closed-loop cooling systems, 2.5 million each; about 960,000 gallons for the fuel cells' fill; roughly 11 million gallons of one-time fill. After that, about 168,000 gallons a year — roughly 457 gallons a day. Fifteen-year total: about 13.5 million gallons, non-potable.

    Why this mattersOracle also states the same total as “roughly 900,000 gallons per year.” That spreads the one-time fill across fifteen years; it is the same water, and only one of the two figures is an annual draw.

  80. Aug 28, 2026WATERC

    The State Engineer answers — and her answer is not about volume

    Elizabeth Anderson replies on the deadline. The construction water was purchased from the owner of an existing right already permitted for “irrigation, municipal, industrial, commercial, and recreational purposes” — 2,400 acre-feet a year from wells covering 32,000 acres, in consistent use for twenty years. Since November the holder has diverted 1,445 acre-feet, within the limit, including Project Jupiter’s construction. Because the use is verified and pre-existing, she writes, “it is not a new depletion of water in the Lower Rio Grande.”

    Why this mattersThe case against her office is on this site at length. This is the answer, and it belongs next to it.

  81. Aug 31, 2026COUNTYCahead

    Monitoring-committee interest forms close

    Residents who want one of the eleven seats must file the county's interest form by this day; commissioners appoint no later than September 4.

    Why this mattersThe one open door that puts residents INSIDE an oversight structure instead of outside a comment window.

  82. Sep 1, 2026COURTC

    The Court refuses to let the air case restart in pieces

    Yucca Growth Infrastructure asked the justices to partially resume the stayed proceeding — enough for prehearing filings — warning the stay risked making the November 23 deadline “impossible to meet.” Denied unanimously, without comment.

    Why this mattersThe developer’s schedule argument has now been rejected by a hearing officer, a recusal, and a unanimous Supreme Court.

  83. Sep 1, 2026WATERC

    The state’s own lawyer tells legislators the numbers keep moving

    An analyst tells the interim committee New Mexico’s data centers draw just over 500 million gallons a year now, and that every planned facility running would mean 23.6 billion — most of it indirect, cooling the plants that power them. On the same panel the State Engineer’s general counsel Nathaniel Chakeres says he has not “been super thrilled” with Project Jupiter’s shifting water needs.

    Why this mattersThe 23.6-billion figure is testimony, not a published study — but the shifting-needs remark comes from the agency that granted the well.

  84. Sep 2, 2026COURTPS

    The Attorney General takes the petitioners’ side against two state agencies

    The Department of Justice files responses supporting both emergency petitions. In the air case it argues NMED violated the petitioner’s constitutional due-process rights, and that § 74-2-7(B)(3) let the department extend its own deadline — so no statute required the compression. In the water case it argues § 72-12-22 does not reach a change of purpose and place, and attaches the State Engineer’s own guidance as an exhibit against her office.

    Why this mattersThe state’s chief legal officer, arguing in two matters at once that two state agencies bypassed process for this applicant.

  85. 4 entries · 2 days apartTwo days: Oracle names the grid as a fallback, the county defers the oversight seats, and FERC opens the pipeline for comment.
    Sep 8, 2026COUNTYC

    Oracle names a fallback, and the chair names the consequence

    If the air permit is not approved, an Oracle representative tells commissioners, the project would still need electricity and would have to work with a grid provider. Chair Manuel A. Sanchez answers that the bond agreements were structured around on-site generation and that avoiding demand on El Paso Electric was written into the community benefits agreement — so a departure returns to the commission and could require amending the agreements.

    Why this mattersThe off-grid promise is load-bearing for the deal, not just for the air permit.

  86. Sep 8, 2026COUNTYPS

    “Contractually, Oracle’s obligated to our provider STACK for 17.9”

    A commissioner returns to the number: the Oracle project might last 17.5 years, “but we have IRBs for 30 and so what’s going to happen to the rest of that?” Oracle’s presenter: “contractually, Oracle’s obligated to our provider STACK for 17.9, but our intent is to renew,” adding that none of the data centers Oracle runs has gone unrenewed past its term.

    Why this mattersThe tax break runs thirty years. The tenant’s contract runs 17.9 — and everything after that is a stated intent, not an obligation anyone has published.

  87. Sep 10, 2026WATERPS

    FERC finds no significant impact, and opens a comment window

    The Federal Register carries the Commission’s environmental assessment of the Green Chile Project — 17.77 miles, 24 inches, Doña Ana County — with a finding that approval “would not constitute a major federal action significantly affecting the quality of the human environment.” Comments due 5 p.m. Eastern, October 5. Docket CP26-80-000.

    Why this mattersThe federal review the air petition said the permit should wait for is moving on its own clock — one the public can still write to.

  88. 17 entries · 10 days apartThe hearing that did not happen, the largest lobbying campaign ever disclosed in the state, and the ruling that let everything run again — Monday, Wednesday, Thursday.
    The race window109 daysWhy the applicant wanted the hearing moved up.
    Sep 14, 2026AIRPS

    The hearing was to begin — and did not

    9 a.m., Sunland Park Multi-Generational Center, the permit argued under oath. It did not happen: stayed August 23, and the hearing officer had recused on the 22nd. The stay was lifted three days after this date. No new date has been set.

    Why this mattersThe only proceeding where the fuel, the water, and the air are argued under oath — and it now has no date and no one to preside.

  89. Sep 14, 2026VOTEPS

    The first general-election reports show the project’s money

    Reports filed September 14 show Oracle America giving $12,400 to Deb Haaland for governor, $31,000 to The Speaker Fund and $11,200 to the House Democratic Campaign Committee, and Energy Transfer — the company behind the Green Chile pipeline — giving $250,000 to Affordable NM, a new committee whose only reported spending so far is polling. None of the project’s companies appears as a contributor to Gregg Hull. BorderPlex Digital Assets gave $138,325, net of one returned gift, across 2025 and 2026 to state legislators, The Speaker Fund and the Doña Ana County Democratic Party.

    Why this mattersRead from the filings themselves. The search matches names as filed, so it is a floor, not a total.

  90. Sep 16, 2026COURTPS◐ ledger

    Oracle discloses a $3,444,500 ad campaign for the permit — the largest ever reported in the state

    The State Ethics Commission announces Oracle has registered the campaign under the Lobbyist Regulation Act: paid entirely to Brabender Cox between January and April, and aimed, in the Commission’s words, at the officials deciding the air permit. It included ProjectJupiterTogether.com, broadcast and social advertising, paid influencers, and canvassing. The Commission’s own words: “the largest lobbying advertising campaign reported since 2021, the earliest year for which records are available.” Oracle’s filing, ten lines to one firm, carries the same disclaimer on every line: voluntarily disclosed, not an acknowledgment it was required.

    Why this mattersWith the applicant’s $3,667,000 through Elevate, more than seven million dollars of disclosed spending to influence one permit.

  91. Sep 16, 2026LAWPS

    The House votes 417–3 to make big data centers pay their own grid costs

    H.R. 9340, the Ratepayer Protection Act, would require state utility commissions to adopt standards making any single site drawing more than 100 megawatts pay its full incremental costs instead of shifting them to residential customers. It passed with three votes against. It still has to clear the Senate.

    Why this mattersJupiter is designed to make its own power on site, so a grid-cost bill reaches it only if Oracle’s stated fallback — a grid provider — comes into play. The national argument has now reached the floor of the House, and the vote was not close.

  92. Sep 17, 2026COURTC● ledger

    The Supreme Court denies both petitions and lifts both stays

    Thursday. The justices review the briefs and concur on denying both writs — New Energy Economy’s and the Center’s — and lift the August 23 stays. No explanation. The well is active again; the air proceeding resumes with no hearing officer and no date. Nanasi: “We hope that what happens next is simple: a fair hearing.” Anderson: “We are grateful for the Supreme Court’s decision.” A denial of mandamus is a decision not to intervene, not a ruling that the process was lawful.

    Why this mattersTwenty-five days after the first orders that stopped anything, the same court let it all run again — and said nothing about why.

  93. Sep 17, 2026VOTEC

    The race for governor takes a position on data centers — two of them

    Democratic nominee Deb Haaland says that if elected she will sign an executive order on her first day pausing new large-scale data centers statewide while the Legislature writes rules, and lists eight guardrails. The New Mexican reports her campaign took at least $87,200 in data-center-related contributions, including from Oracle; she says she can “walk and chew gum at the same time.” The state’s filings, read September 28, show $112,200 in contributions of $1,000 or more from Oracle, STACK and the construction contractor Clayco and their executives — and none to Hull. Republican nominee Gregg Hull opposes a statewide moratorium — it “sends the message that we’re not even open for discussion” — and wants clawbacks in incentive deals, saying of Jupiter: “did they follow through on those? From what I’m hearing, no.” His campaign says he has taken no money from “big data.”

    Why this mattersWhoever wins in November inherits the state’s side of this project. Both of them have now said what they would do with it — and the filings show which of them the project’s companies funded.

  94. Sep 18, 2026AIRPS

    NMED’s answer to the bias motion enters the record

    Received August 23, the day after the hearing officer recused, and entered once the stay lifted: the Air Quality Bureau’s opposition. Adjudicators are “presumed to act with honesty and integrity”; the movants offer “only … conclusory inferences”; statements of counsel — including the department’s own prior counsel — “are not evidence”; news articles are hearsay; and a contractual relationship with the department “does not impute onto him the positions held by others.”

    Why this mattersThe department’s side of the argument about its own hearing officer, in its own words. Nobody ruled on it; he had already stepped aside.

  95. Sep 18, 2026COUNTYC

    The partners recruit at NMSU — without saying Project Jupiter

    At a campus career fair, one year to the week after the $165 billion vote, the companies building the campus met engineering and science students and, Searchlight reports, avoided the “Project Jupiter” label in their presentations and job descriptions. Bloom Energy offered engineering internships at $36–40 an hour, in San Jose. STACK offered data-center technician roles at $40 an hour after a three-month program run with Oracle at Doña Ana Community College. Clayco offered summer internships at $25.

    Why this mattersA project known by a codename, entities named for chiles, nine Texas proposals called Yellow, Red, Lion and Panther — and now a job fair where nobody said the name.

  96. Sep 20, 2026LAWC

    60 Minutes reports the national backlash — and a Texas county that said no to 90%

    Data centers are a midterm issue: more than 3,000 built, 1,500 proposed, two-thirds of those in rural places, and Gallup finds 71% of Americans oppose one where they live. In Hood County, Texas, a commissioner describes nine proposals named Project Yellow, Project Red, Project Lion and Project Panther, a developer that would not say who it was — “they basically came in here to razzle-dazzle me” — and, when it turned out to be Amazon Web Services, a pitch asking up to 90% in property tax rebates for 30 years. He voted no. The same broadcast reports that golf courses nationally use more than twice the water data centers do.

    Why this mattersDoña Ana County granted 100% for thirty years. A commissioner four hundred miles away refused ninety — and the codenames and the undisclosed principal are the same practices documented here.

    In the recordNVIDIA
  97. Sep 21, 2026COUNTYPS

    A million dollars for Gadsden’s schools

    Oracle, the Community Foundation of Southern New Mexico and the Gadsden Independent School District launch a $1 million fund the district’s teachers and schools can apply to for professional development, fellowships, classroom and district-wide programs. The next morning a Sunland Park speaker at the county commission called it “hush money.”

    Why this mattersDelivered, not projected — one of the few commitments in this record that already exists as money.

  98. Sep 21, 2026LAWPS

    The lobbyists, by name

    An email to the Legislative Finance Committee, obtained by The New Mexican, lists who is lobbying for the project’s companies: Scott Forrester and Brent Moore for Bloom Energy, Marco Gonzales for STACK, Rich Guay for Oracle, Jessie Lane Hunt for OpenAI, and Jennifer Bradfute and Vanessa Alarid for Yucca Growth Infrastructure, the air-permit applicant. [Updated September 28, from each company’s roster in the Secretary of State’s registry: the pairings hold. YGI’s roster lists five — Alarid and Roberto A. Ramirez marked Authorized: Yes, Bradfute, David Kirmse and Jose Ibarra marked Authorized: No; Bloom’s lists Moore and Forrester; Oracle’s adds Kathryn Gunter and Merissa Khachigian; and no OpenAI entity is registered at all — Hunt is registered only under her own firm. An earlier update here said Bradfute was not registered for YGI; that was wrong.]

    Why this mattersThe registry bears out the list the companies gave legislators, and adds three names it left off — while the company named for OpenAI has no registration at all.

  99. Sep 21, 2026AIRPS

    The proceeding resumes into an empty chair

    Four days after the Supreme Court lifted the stay, NMED’s own docket for AQB 26-57 shows nothing dated after August 24. [Amended September 27: two items received during the stay were entered on September 18 — NMED’s response to the disqualification motion and an entry of appearance. An earlier version said nothing had been filed since August 24.] No replacement hearing officer has been named, no scheduling conference set, no hearing date announced — and the department’s own decision deadline is sixty-three days out.

    Why this mattersThe department said it would appoint a replacement once the stay lifted. The stay lifted.

  100. Sep 22, 2026COUNTYC

    A year after the vote, the county seats its monitors — and tightens its own rules

    On the anniversary of the $165 billion approval, commissioners appoint the Project Jupiter Community Monitoring Committee: two members per district and an eleventh from the chair, one district’s picks still to come, meetings as learning forums with experts, minutes by court reporter. Commissioner Gameros asks that meetings be held in the south, where the campus is. The board also adopts, unanimously, open-meetings rules stricter than the law requires — agendas 144 hours ahead, livestreams, public votes on sensitive matters where possible — while the suit over the closed session of September 19, 2025 is still pending. Of 29 public comments, one supported the project.

    Why this mattersThe body that voted in a closed session a year ago has now written itself stricter rules than the law — and set up a committee whose members may hold no stake in the project.

  101. Sep 24, 2026DEALC

    Oracle sends a force majeure notice

    Bloomberg reports that Oracle has notified STACK Infrastructure, the Blue Owl-owned developer, of force majeure — a contractual claim that events beyond its control are preventing performance. El Paso Matters reports it would let Oracle defer rent for up to three years if power is not online on schedule. The two delays it points to are the air permit and the Green Chile pipeline. The date that matters is in the county agreement: the initial 400-acre phase, microgrid included, complete by the third quarter of 2028. Oracle: such notices are “commonplace” and “do not, by themselves, establish a project delay.” STACK: the notice “does not change the financial commitments.” Oracle closes down 3.47%, Blue Owl 3.6%. The Financial Times had reported the project’s $18 billion in loans quoted at 89 to 91 cents on the dollar.

    Why this mattersWhether this source can be built in time is the question the hearing officer deferred to a hearing that has not happened. The project’s own tenant has now written it into its contracts.

  102. Sep 24, 2026VOTEPS

    A member of Congress calls for a pause

    Rep. Teresa Leger Fernández calls for a moratorium on new data centers in New Mexico until companies meet six “No Blank Checks” principles: pay their own power and infrastructure, don’t harm local water, meet the state’s renewable and zero-carbon requirements, create union jobs, get community approval before permitting, and take no taxpayer subsidies. Her release does not name Project Jupiter.

    Why this mattersThe release names no project. It came the day the force majeure notice was reported, and a month after Rep. Stansbury asked the state to account for the water.

  103. Sep 24, 2026LAWC

    Two southern counties go opposite ways

    Lea County agrees to consider more than $134 billion in industrial revenue bonds for a Google campus near Hobbs, powered in part by a 2-gigawatt solar field, with a one-time 9.6-million-gallon fill and about 42,000 gallons a day once staffed. The same day Grant County gives notice of a one-year moratorium, to be voted October 8, aimed at a gas-fired project near Hachita whose developer has not engaged with the county — and whose air application NMED says it will not act on until it does.

    Why this mattersDoña Ana is no longer the only county in the south deciding what a data center is worth. The next two are doing it in public.

  104. Sep 24, 2026AIRPS

    The first new filing: a notice to testify at a hearing no one has set

    One week after the stay lifted, a witness with a background in El Paso Electric rate cases files notice of technical testimony recommending the permit be denied. It is the only new filing in AQB 26-57. There is still no hearing officer, no scheduling order and no hearing date.

    Why this mattersThe parties are preparing for a hearing the department has not yet scheduled, under a deadline it has not yet moved.

  105. Sep 30, 2026DEALPS

    Floodwater reaches the campus

    In a joint statement, Oracle’s Michael Egbert and STACK’s Nikki Wheeler say: “Flooding also reached the Project Jupiter campus. No critical infrastructure was damaged, and we are working with our partners and insurers to address any impacts at the site. Project Jupiter remains on our planned schedule.”

    Why this mattersIt is the companies’ own account, and it does not say when the water reached the site.

  106. Oct 2, 2026AIRPS

    A new hearing officer — and still no hearing date

    Cabinet Secretary James Kenney appoints “The Honorable James O. Browning” as substitute hearing officer — a United States District Judge for New Mexico from 2003 until retirement on August 28, 2026. All final and dispositive decisions stay with Deputy Cabinet Secretary John Rhoderick. The notice sets no scheduling conference and no hearing date.

    Why this mattersThe chair that sat empty for fifteen days after the stay lifted is filled; the clock to the November 23 deadline is not reset.

  107. Oct 6, 2026LAWPSahead

    Lawmakers take up Project Jupiter in Las Cruces

    The interim Courts, Corrections and Justice Committee, meeting at New Mexico State University, has “Data Centers — Project Jupiter, Water Use and Power Generation” on its agenda at 10:30 a.m., presented by Nat Chakeres, general counsel of the Office of the State Engineer.

    Why this mattersA committee of the Legislature puts Project Jupiter on its agenda by name, in the county where the campus is being built, while the air permit is still undecided.

    In the recordNathaniel Chakeres
  108. 4 weeks
    Nov 3, 2026VOTEPSahead

    The general election

    Land Commissioner (Sanchez III vs. Perry), County Commission D1 (Maldonado vs. Barncastle Salopek — the open seat of the chair who signed the agreements), Governor and Lt. Governor.

    Why this mattersTwo of the offices on this ballot have already ruled on this project.

  109. 3 weeks
  110. Dec 3, 2026LAWPSahead

    FERC’s deadline to decide the pipeline

    Under the schedule FERC published in the Federal Register on July 29, the 90-day federal authorization decision deadline for Transwestern’s Green Chile Project, docket CP26-80, is December 3, 2026.

    Why this mattersThe pipeline is one of the two delays Oracle’s force majeure notice cites; this is the date the federal decision is due.

  111. 4 weeks
    Jan 1, 2027VOTEPSahead

    A new governor takes office

    The administration that inherits the project's state-side commitments changes hands.

    Why this mattersThe administration that made the state's commitments is replaced by one that did not.

  112. 3 weeks

Entries marked TV are not yet verified against a primary document. They are shown anyway, badged, because a visible gap is more honest than a silent one — and because publishing them is how they get corrected.

The hearing has passed
The Watch stands.

The decision was due July 21. Instead: a public hearing — first set for October, then moved up to September 14 at the applicant’s request — and a ruling due by November 23. A $165B question for one desert county, on a schedule that keeps moving. The clock above always shows the next date that matters. Until the ruling, and after, this is the public watch on how it’s being made.