NEW MEXICO (KRQE) – State lawmakers say people can pollute in 95% of New Mexico’s waterways and likely get away with it. This after a reinterpretation of the federal Clean Water Act in 2023. They’re planning to take back control of the state’s waters. “We want New Mexicans protecting New Mexico’s waters,” said Jonas Armstrong, New Mexico Environment Department.
Story continues below
New Mexico’s Environment Department said, as the law stands, the state has no control over who discharges into its surface waters. “Right now, it’s done by the EPA in Dallas. So, we have Texans dealing with New Mexico’s water. And I certainly think New Mexico should assert primacy,” said Sen. Peter Wirth (D-Santa Fe).
New Mexico is one of three states in the country that doesn’t have a state program to control water pollution, and the federal Clean Water Act doesn’t protect all of New Mexico’s waterways. “In 2023, the United States Supreme Court issued a decision called “Sackett” and in that decision, they said that the Clean Water Act no longer applies to waters that aren’t continuously flowing. Most New Mexicans know that’s almost all the waters in our state,” said Armstrong.
The first bill would give the state’s Environment Department the power to create a permitting system to regulate pollution. The second bill would regulate stagnant surface waters not included in the federal act. It would also bolster groundwater contamination cleanup by giving the Environmental Department the authority to hold polluters responsible.
“Without this bill, 95% of our ephemeral streams, streams that aren’t free flowing year-round, will have no protection whatsoever. That to me is really scary,” said Sen. Wirth.
However, the bill has faced some opposition. One big issue is cost and another is renewed oversight. “We’ve got to figure out a fee structure, how that gets paid for, whether the general fund contributes to that…I think when 95 percent of the water is deregulated for the last three years, groups kind of get used to not having any regulation. And so, all of a sudden, when I come along and say, ok, we’re going to re-impose those regulations, there’s pushback,” said Sen. Wirth.
While it’s a work in progress, they say it’s important to get it right. “We have such limited waters compared to all other states that every drop needs to be protected. And that’s what we’re trying to do here for both our surface and our ground waters,” said Armstrong.
The bills are still being reviewed by several committees.