By Tricia Snyder
Rio Grande Chapter Water Chair
An idea pushed for decades to better ensure New Mexico’s waters are protected awaits the Governor’s signature. SB 21, sponsored by state Senate Majority Leader Peter Wirth, D-Santa Fe, Sen. Roberto Gonzales, D-Ranchos De Taos, and Rep. Kristina Ortez, D-Taos, includes three mechanisms to better ensure our most precious resource is protected against pollution and degradation.
First, the bill provides authority for the state Environment Department to take over the issuing of permits for those federally protected waters under the Clean Water Act. Known as “primacy,” New Mexico is one of only three states in the nation to leave this to the Environmental Protection Agency and taking it over has been a discussion for years.
Pushing this idea further was the rollback of federal protections in the US Supreme Court decision, Sackett v. EPA. This decision redefined what is covered by the Clean Water Act and left over 95% of New Mexico’s waterways open to pollution and degradation. American Rivers named all of New Mexico’s rivers the most endangered in the nation in 2024 because of this decision.
Although New Mexico has water quality standards in place, meaning the Environment Department is able to react to a pollution event after it occurs, the state’s waters remain vulnerable without the ability to permit water uses to proactively prevent these events from occurring. As water quantity declines, with a 25% reduction in overall supply expected over the next 50 years, it becomes harder to deal with these pollution events and underscores the need to prevent them before they occur. SB 21 puts in place a state-led permitting program to protect the vast majority of New Mexico’s waters with no federal protection under the Clean Water Act.
The bill also adds needed authorities and creates a fund to clean contaminated groundwater sites. Many of these have been neglected and abandoned for decades with no clear responsible party, and they also don’t qualify for federal cleanup funds.
The bill had a long path through the legislature, with three committees on the Senate side, which included a long list of amendments to better align the state program to the Clean Water Act and sufficiently define liability around contaminated groundwater sites. There also were floor amendments on the Senate side addressing industry concerns, and two further committees on the House side. All this vetting has created a strong bill that balances the needs of industry with sufficiently protecting New Mexico’s water quality.
This effort has been strongly supported by the Rio Grande Chapter and a broad coalition of environmental, community health, and Tribal community groups. To date, the bill passed the Senate with a 25-16 vote and the House with a 43-25 vote, and awaits the Governor’s signature, who highlighted this effort in her 50-year water action plan.
Photo: Red River, 2019, photo by Billy Hathorn via Wikimedia
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