By Hannah Grover
When the U.S. Supreme Court issued its ruling in the Sackett v. U.S. Environmental Protection Agency case in 2023, the majority of waterways in New Mexico lost their protections under the Clean Water Act.
Now state lawmakers are seeking to rectify that situation. Senate Bill 21 is headed to the governor’s desk after the House of Representatives passed it on a 43-25 vote this week.
“New Mexico has the highest percentage (95%) of surface waters in the nation no longer protected by the federal Clean Water Act,” Zoe Barker, the conservation director of Conservation Voters New Mexico, said in a statement following the passage of the legislation. “In an arid climate like ours, every surface water, whether it is ephemeral or intermittent or runs year-round is important – for wildlife, for agriculture, for recreation, for aquifer recharge and for drinking water.”
“This is a monumental moment for our water because we know our water can’t wait,” she said.
Bill sponsor Rep. Kristina Ortez, D-Taos, said the legislation does three main things.
First, the legislation would pave the way for New Mexico to take over permitting of discharge permits that are currently overseen by the EPA. New Mexico is one of only three states that does not have authority over discharge permits.
“Secondly, we amend our own state Water Quality Act to protect New Mexico’s waters that are no longer protected,” she said. “Third, we set up a program to hold polluters accountable and to clean up neglected and contaminated sites.”
Some of the details, such as the size of permitting fees, will be worked out during a rulemaking process that the New Mexico Environment Department will undertake. Ortez said most states that oversee the permitting have a hybrid structure where the program costs are paid partially through the state general fund and partially through permit fees.
Gov. Michelle Lujan Grisham expressed a commitment following the Sackett decision to protect state waterways.
Some of the waterways that lost protections include arroyos, intermittent streams and seasonal creeks. These waterways can still play an important role in the water systems and pollutants discharged into them can impact larger waterways and groundwater.
“Our land-based communities depend on clean water in our streams, headwaters, and wetlands to irrigate our fields and care for our livestock,” Paula Garcia, executive director of the New Mexico Acequia Association, said in a news release. “A state-based permitting system will help protect our acequias and farms for the future.”
The post NM lawmakers move to protect waters that lost protection following SCOTUS ruling appeared first on New Mexico Political Report.
