Santa Fe, N.M.–– Two clean water bills working their way through the Legislature would significantly expand the state’s ability to protect state waters from pollution and to force polluters to clean up contamination.
The move comes after a 2023 court decision significantly curbed the kinds of waterways that are protected under the federal Clean Water Act.
According to a State Environment Department fact sheet, SB 21 would allow the state to implement the Clean Water Act, which covers major rivers and waterways. SB 22 would amend the Water Quality Act to allow the state to protect surface waters that aren’t protected by federal law.
The change would benefit industries that rely on clean water like outdoor recreation and agriculture, while reducing toxic algae blooms and improving waters for birdwatching and fishing, a Department handout says.
Advocates say the bills are important because the state currently has no control over who discharges pollutants into rivers, streams and wetlands that don’t flow year-round, which is most of the waters in the state.
Norm Guame, president of New Mexico Advocates, is hopeful that these bills will create much-needed protections for New Mexico’s waterways.
“I think SB21 sets up a framework that will be effective if it is competently implemented with adequate resources and capacity,” Gaume said. “I see it as a must pass bill.”
Gaume also said it’s important to pass SB 22, with amendments to protect New Mexico from oilfield produced water treatment and reuse.
According to a legislative analysis, there are more than 300 neglected and contaminated sites in , that if SB22 is not passed, all 97 of the projects could potentially refuse to conduct further assessment and abatement of the contamination.Tricia Synder, river and waters program director for New Mexico Wild, says the group has made the two bills their highest priorities this year for water policy.
New Mexico is one of only three states in the nation that still leaves the authority for permitting waters up to the Environmental Protection Agency.
“Federal rollbacks of Clean Water Act protections have left New Mexico particularly vulnerable, with up to 95% of our waterways having lost federal protections,” Snyder said. That situation leaves water vulnerable to pollution and degradation, she argued.
Both bills passed the Senate Conservation Committee on Jan. 31 but were combined before passing the Senate Judiciary Committee Feb. 13 on a party-line vote.
