Key takeaways
- Three investor-owned utilities matter most: PNM in the Albuquerque area,3 El Paso Electric in the south6 and Xcel Energy’s Southwestern Public Service (SPS) in the east.7
- Industrial revenue bonds (IRBs) issued by a county or municipality are the main tax tool: the lessee’s interest in project property is exempt from property tax while the bonds are outstanding, within statutory time limits.8
- Water is the most scrutinized input. Analysts told lawmakers in 2026 that planned data centers could raise statewide data center water use from about 500 million to 23.6 billion gallons a year, mostly through power plant cooling.4
- The Energy Transition Act requires investor-owned utilities to reach 100% carbon-free electricity by 2045, which shapes how new load is served.9
- Project Jupiter shows the new risk profile: a switch to an on-site fuel cell microgrid,10 two rejected gas pipeline routes across state trust land,11 lawsuits and a proposed statewide moratorium for the 2027 session.5
01How New Mexico compares for data center siting
New Mexico is an energy exporter. It is the third-largest energy-producing state, produces roughly 11 times more energy than it consumes, and was the third-largest natural gas producer in 2024 with about 8% of U.S. gross withdrawals.12 For a data center, that means pipeline-quality gas is rarely far away in the Permian and San Juan basins, and the state has room for very large renewable projects.
The in-state power mix has changed quickly. Wind supplied about 37% of net generation in 2024, natural gas about 29% and coal about 21%, down from 63% a decade earlier. Renewables are now the largest source of in-state generation.12 That shift matters for buyers with carbon targets and for utilities that must replace retiring coal while absorbing new load.
Fig. 1New Mexico electricity generation by source, 2024
- Wind37
- Natural gas29
- Coal21
% of net generation
The trade-offs are also clear. Population and fiber are concentrated along the Rio Grande corridor (Albuquerque, Santa Fe, Las Cruces), so most large proposals cluster near those metros or near El Paso. Water is scarce and closely managed. And the state’s politics around data centers changed between 2025 and 2026, as described below. Our Mountain West regional guide puts New Mexico alongside Arizona, Nevada and Utah.
02Utilities: PNM, El Paso Electric and Xcel’s SPS
Which utility serves a parcel shapes almost everything else: available capacity, the contract structure and the carbon profile of the power. Confirm the utility service territory early, because rural parcels may sit in cooperative territory with a different set of rules.
PNM (central and north-central New Mexico)
PNM serves Albuquerque and the Los Lunas area. In February 2025 it reported 4,197 MW of large-load interconnection requests, 87% of them from data centers, and said the new forecast raised its resource needs for 2028–2032, including about 1,000 MW of additional carbon-free resources and 700 MW of other resources.3 As of mid-2026, PNM told lawmakers it intended to file a large-load tariff with the Public Regulation Commission later that year, with minimum revenue requirements, exit fees and other measures meant to protect residential customers.13 Our guide to large-load tariffs and electric service agreements explains how those terms usually work.
El Paso Electric (southern New Mexico and El Paso)
El Paso Electric serves the Las Cruces and El Paso region. Its approach to Meta’s El Paso campus, just across the state line, is instructive: a proposed $473 million, 366 MW gas-fired plant next to the data center, described as dedicated to that customer, with Meta responsible for its costs. The utility said the dedication would last five years, after which the plant could join its regular system, and the El Paso City Council voted to intervene in the Texas regulatory case over that cost risk.6 Customer-funded dedicated generation is a model other large loads in the region may be asked to follow, and the terms after the dedicated period deserve as much attention as the initial deal.
Xcel Energy’s SPS (eastern New Mexico)
Southwestern Public Service serves eastern New Mexico and the Texas Panhandle, and operates in the SPP market. Xcel has reported strong expected large-load growth in SPS, and its 2026 filings said it expected to file large-load tariff requests in New Mexico and Texas by the end of 2026.7 Check the status of that filing before relying on any SPS-area term sheet.
03Industrial revenue bonds and local tax deals
New Mexico does not rely mainly on a statewide data center sales tax exemption. The main tool is the industrial revenue bond. A county or municipality issues bonds, holds title to the project property and leases it to the company. Under Section 7-36-3 NMSA 1978, the lessee’s interest in that property is exempt from property tax while the bonds are outstanding, subject to a statutory maximum term.8 The company typically buys its own bonds, so the public body is not lending money; the structure exists to deliver the tax treatment, often alongside negotiated payments in lieu of taxes.
| Project | Issuer | What was approved |
|---|---|---|
| Meta, Los Lunas | Village of Los Lunas | Intent to issue IRBs for a roughly $800 million, two-building expansion of an existing campus begun in 20161 |
| Project Jupiter, near Santa Teresa | Doña Ana County | Up to $165 billion of IRBs for a multi-building campus2 |
The Los Lunas campus shows the IRB model working over several phases, with the village approving new bond authority for each expansion.1 Project Jupiter shows the model under stress. A resident sued the county, arguing that the bonds were approved before the planning and zoning commission voted on the project’s zoning; a judge dismissed that suit in June 2026 but allowed it to be refiled.14 For buyers, the lesson is procedural: sequence the bond ordinance, zoning and application completeness carefully. Our guide to property taxes on data center projects covers abatement structures more generally.
04What Project Jupiter shows about New Mexico risk
Project Jupiter, led by STACK Infrastructure and BorderPlex Digital Assets near Santa Teresa in Doña Ana County, is planned to support OpenAI and Oracle.2 It is the clearest example of how a gigawatt-scale project in New Mexico now unfolds.
Fig. 2Project Jupiter by the numbers
- Power source. In 2026 the developers withdrew their air permit applications for twin gas-fired power plants and applied instead for a pared-back fuel cell microgrid.10 That is a choice to self-supply rather than wait for grid capacity; see our guide to fuel cells for data centers.
- Gas supply. The fuel cells still run on natural gas. The Commissioner of Public Lands denied a request to cross about 0.63 miles of state trust land on a 17-mile pipeline route in March 2026,11 and denied a revised request in July, saying it was not in the best interest of the trust.15
- Air permitting. Even the microgrid needs an air quality permit from the New Mexico Environment Department. After more than 7,000 public comments, the department scheduled a hearing to begin October 19, 2026, ahead of a November 23 decision deadline.10 Our guide to air permits for on-site generation explains the federal and state layers.
- Water. The developers have advertised closed-loop cooling that needs an initial fill and little ongoing water, with drinking water from the Camino Real Regional Utility Authority as the main planned source; local reporting has questioned whether that system can support the project.2
The broader point is that a site with gas nearby is not the same as a site with deliverable gas. Rights-of-way, especially across state trust land, can stop a lateral even where the trunk line is close. Treat firm gas transportation and the full pipeline route as diligence items, not assumptions.
05Water: the input that draws the most scrutiny
The Office of the State Engineer has jurisdiction over the appropriation and use of all surface and groundwater in New Mexico, and issues and administers water rights permits.16 A data center that needs new or transferred water rights is entering a closely managed permitting system, so the practical route is often a municipal supplier, reclaimed water or a cooling design that needs little water at all.
Scrutiny is rising. In September 2026 an analyst from the Houston Advanced Research Center told the interim Water and Natural Resources Committee that data centers in New Mexico used just over 500 million gallons a year, and that the figure could reach 23.6 billion gallons if every planned facility were built, mostly through indirect use such as cooling the power plants that serve them. The researcher also said limited disclosure from developers makes those projections uncertain, and a conservation group has challenged heavy pumping from a well used for Project Jupiter construction.4
For site selection, plan on low-water cooling and on disclosing water use early. Closed-loop and air-cooled designs reduce on-site draw, but regulators and the public increasingly count the water used to generate the power as well. Our guides to water rights and groundwater and water stress and drought risk go deeper.
06Carbon goals, legislation and the policy outlook
The 2019 Energy Transition Act set a path to 100% carbon-free electricity by 2045 for investor-owned utilities such as PNM and El Paso Electric, with renewable targets of 50% by 2030 and 80% by 2040. Rural cooperatives have the same 2030 target but more time for later milestones.9 New load does not change those obligations, so utilities must procure clean resources fast enough to serve data centers and still comply. PNM’s 2025 resource plan already reflected that tension.3
A 2025 law, House Bill 93, added a microgrid provision giving large customers new ways to generate power behind the meter and sell excess energy to a utility.3 That is the legal backdrop for on-site supply strategies like Project Jupiter’s, and the legislators proposing a moratorium have said they also want to close what critics call a “microgrid loophole.”5
The political direction has shifted. In July 2026 four Democratic legislators announced plans to introduce a statewide moratorium on large-scale data center development in the 2027 session, pausing new projects while the state builds a framework for water, energy, emissions, ratepayer impact and community benefits.5 At the same time, PNM told lawmakers that large loads could help pay for grid modernization, and that the answer was protections such as minimum revenue requirements and exit fees rather than prohibitions.13 Whether a moratorium passes or not, expect more disclosure requirements and tougher contract terms. Our guide to data center moratoriums and local restrictions tracks how these proposals have played out elsewhere.
07How to screen a New Mexico site
- 01Confirm the serving utility and whether PNM, El Paso Electric or SPS has a large-load tariff in effect or pending at the Public Regulation Commission.137
- 02Ask what new generation your load would trigger, and whether you would be expected to pay for dedicated resources, as with El Paso Electric’s proposed plant for Meta.6
- 03Map gas laterals and every parcel a new pipeline would cross, including state trust land.11
- 04Identify the water source, the rights or contract behind it and the cooling design, and be ready to disclose volumes.416
- 05If an IRB is part of the plan, line up the inducement, zoning, application and bond ordinance in a careful sequence with counsel.
- 06Track the 2027 legislative session and local sentiment before committing significant capital.5
Fig. 3Sample screen of a New Mexico parcel
Illustrative- WatchUtility capacityLarge-load tariff pending; generation need not yet studied.
- PassNatural gasInterstate line within 5 miles on private land.
- WatchWaterNo transferable rights; reclaimed supply under discussion.
- PassTax structureCounty open to an IRB; inducement not yet adopted.
- WatchCommunityOrganized opposition to a nearby proposal.
Most New Mexico screens turn on the first three rows. If you want an independent read on a specific tract, you can get a site reviewed, and our methodology explains how we weigh these factors.
Common questions
Does New Mexico have a data center sales tax exemption?
New Mexico’s main data center incentive has been property tax relief through industrial revenue bonds issued by counties and municipalities, as used at Meta’s Los Lunas campus and Project Jupiter.12 Local gross receipts and other incentives depend on the deal, so confirm the current package with the issuing government and tax counsel.
Which utility serves data centers in New Mexico?
It depends on location. PNM serves the Albuquerque and Los Lunas area,3 El Paso Electric serves the Las Cruces and El Paso region,6 and Xcel Energy’s SPS serves eastern New Mexico.7 Cooperatives serve many rural areas, so confirm the serving utility before assuming any tariff applies.
Is water a deal-breaker for data centers in New Mexico?
Not automatically, but it is the most scrutinized input. The State Engineer controls water rights, and lawmakers heard in 2026 that planned data centers could raise statewide data center water use more than 40-fold.164 Low-water cooling and early disclosure are now expected.
What is Project Jupiter?
Project Jupiter is a data center campus near Santa Teresa in Doña Ana County, planned to support OpenAI and Oracle and approved for up to $165 billion of industrial revenue bonds.2 In 2026 its developers switched to a fuel cell microgrid that still needs an air permit, and the state land commissioner twice denied a gas pipeline route across trust land.1015
Is New Mexico considering a data center moratorium?
As of mid-2026, a group of legislators planned to introduce a statewide moratorium on large-scale data centers in the 2027 session.5 It had not been enacted when this guide was reviewed, so check its status before committing to a site.
Notes
- 1.Data Center Dynamics, “Meta planning expansion of Los Lunas data center campus in New Mexico,” 2025. datacenterdynamics.com
- 2.Source NM, “Project Jupiter pits demand for data against New Mexico’s finite natural resources,” 2025. sourcenm.com
- 3.Western Resource Advocates, “Data Centers in New Mexico: Fact Sheet,” 2025. westernresourceadvocates.org
- 4.Source NM, “New Mexico data center water use could soar in coming years, researcher tells state lawmakers,” 2026. sourcenm.com
- 5.Source NM, “New Mexico lawmakers announce proposed statewide moratorium on data centers,” 2026. sourcenm.com
- 6.Construction Reporter, “El Paso Electric Announces Plans for 366 Megawatt Electric Plant to Support Meta Data Center,” 2025. constructionreporter.com
- 7.Xcel Energy Inc., “Form 10-Q for the quarter ended June 30, 2026,” 2026. sec.gov
- 8.New Mexico Legislature, “House Bill 887 (1997 Regular Session), amending Section 7-36-3 NMSA 1978,” 1997. nmlegis.gov
- 9.Natural Resources Defense Council, “New Mexico Embraces Transition to 100% Clean Energy,” 2019. nrdc.org
- 10.Source NM, “NM Environment Department schedules October hearing for Project Jupiter air quality permit,” 2026. sourcenm.com
- 11.Source NM, “NM state land commissioner rejects application for gas pipeline to power Project Jupiter data center,” 2026. sourcenm.com
- 12.U.S. Energy Information Administration, “New Mexico State Profile and Energy Estimates: Analysis,” 2025. eia.gov
- 13.Source NM, “Energy leaders tell New Mexico lawmakers large users like data centers could help modernize grid,” 2026. sourcenm.com
- 14.Source NM, “New Mexico judge dismisses Project Jupiter data center lawsuit, but offers chance to re-file,” 2026. sourcenm.com
- 15.KFOX14, “New Mexico land commissioner again denies pipeline route for Project Jupiter data center,” 2026. kfoxtv.com
- 16.State of New Mexico, “Office of the State Engineer,” n.d. nm.gov
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This guide is general information about data center site selection. It is not engineering, legal, tax or investment advice. Requirements vary by state, utility and county, so confirm the specifics for any site with the relevant authorities and advisors.
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