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Surface Water Quality State Permitting Program

East Fork Jemez, 2023

NMED State Permitting Program Development Update

The New Mexico Environment Department (NMED) is actively taking steps to protect the state’s surface waters, which hold cultural, ecological, and economic significance. Currently, New Mexico relies on the Environmental Protection Agency (EPA) and the permitting requirements under the federal Clean Water Act (CWA), enforced by the U.S. Army Corps of Engineers (USACE) to protect its surface waters.

There have been significant reductions in federal protection coverage over the past several decades, in particular protections for intermittent (seasonal flow) and ephemeral (flow only during storms) waters and wetlands that are next to but do not touch jurisdictional waters. This has resulted in major gaps in surface water protection, leaving the majority of New Mexico’s surface waters unprotected by the Clean Water Act.

To better protect our water quality, NMED is pursuing delegation of the federal permitting program from the EPA under the authority of the New Mexico Pollutant Discharge Elimination System (NMPDES) Act. The New Mexico delegated program will be known as the NMPDES Program and will regulate point source discharges into waters of the United States (WOTUS). The NMED Surface Water Quality Bureau (SWQB) is also developing the State Permitting Program under the authority of the New Mexico Water Quality Act to regulate both point source and dredge and fill discharges into Surface Waters of the State (SWOTS).  SWQB is in the process of developing a publicly accessible mapping application to help make preliminary determinations on whether waters will be permitted under federal (EPA or USACE) or state (NMED) authority.

SWQB organized a Surface Water Advisory Panel (SWAP), a diverse group of stakeholders that may be affected by the new permitting program. The SWAP was convened in the fall of 2024. SWAP Report Executive Summary, available below, provides a summary of the SWAP meetings and key points.

NMED prepared draft surface water permitting rules for the NMPDES Program and State Permitting Program, which includes permits for discharges of dredged and fill material. The NMPDES regulations are included in 20.6.5 NMAC and serve as the foundation for NMED’s application to EPA for NPDES delegation to allow the state to regulate discharges into WOTUS. Meanwhile, the State Permitting Program regulations are amendments to 20.6.2 NMAC and are the framework for the state-led permitting program for discharges into SWOTS.  The USACE will continue to regulate discharges of dredged and fill materials into WOTUS under the authority of the Clean Water Act.

NMED received feedback and comments on the draft rules from the SWAP, tribal representatives, and the interested public. NMED continues to initiate tribal consultation and coordination with New Mexico’s Tribes, Pueblos, and Nations. Although the NMPDES and State programs will not apply to tribal waters, the regulated discharges may impact downstream tribal water quality.

SWQB published the draft rules for public comment from August 28, 2025, through October 28, 2025. NMED petitioned the Water Quality Control Commission (WQCC) on December 9, 2025, and was granted a rulemaking hearing beginning June 8, 2026. More information regarding the WQCC rulemaking and timeline can be found on the dedicated draft rules webpage and the WQCC Docketed Matters webpage.

Draft Rules

NMED published the Draft New Rule New Mexico Pollution Discharge Elimination System Act, at 20.6.5 NMAC, and Draft Amendments to the State Standards for Ground and Surface Water Protection Rule, at 20.6.2 NMAC, for public review and comment on August 29, 2025.

Documents

Public Review, Draft Amendments to the State Standards for Ground Water and Surface Water Protection Rule, 20.6.2 NMAC and Table of Contents Correction, 20.6.2 NMAC

Public Review, Draft New Rule for New Mexico Pollution Discharge Elimination System Act Rule, 20.6.5 NMAC

Notice of Public Review Draft Comment Period and Informational Meetings English and Spanish (Español)

Dedicated Draft Rule Webpage

2025 Public Informational Webinars

NMED hosted three informational webinars to answer questions the public may have regarding the new state permitting program. The purpose of these webinars was to increase awareness to the public about the condition of current regulation for New Mexico’s surface waters and explain how a state-led permitting program will further protect and provide clarity on the proposed rules and the future of surface water regulation in the state.

Informational Webinars Hosted by NMED

Monday, September 22, 2025, at 6:00pm (MDT)

Wednesday, September 24, 2025, at 2:00pm (MDT)

Friday, September 26, 2025, at 10:00am (MDT)

NMED also hosted simulcast sessions for the three webinars.

2025 Public Informational Meeting Presentation (PDF)

2025 Public Informational Meeting Presentation Recording (mp4)

2025 Senate Bill 21

Senate Bill 21-Pollutant Discharge Elimination System Act and Senate Bill 22-Water Quality and Pollution were both introduced in the 2025 Legislative Session. The bills were consolidated into Senate Bill 21 and signed into law by Governor Lujan Grisham. Effective June 20th, 2025. Final Version of SB21 can be viewed here.

Further information can be found at: https://www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=21&year=25

2024 Surface Water Advisory Panel

SWQB organized the Surface Water Advisory Panel (SWAP), a diverse group of stakeholders that may be
affected by the new permitting program. The SWAP was convened in the fall of 2024 and over the
course of several meetings provided feedback, comments, and concerns to the SWQB regarding
potential legislation and rules pertaining to a state-led permitting program. Key discussion areas were
regulatory scope and program clarity, public engagement and communication, program funding, and
sector-specific operational considerations. A summary of the SWAP meeting and key points made can
be found in the SWAP Executive Summary.

SWAP Report Executive Summary (English) / (Spanish)

SWAP Report Full Report

SWAP Report Without Appendices

SWAP Participant List

SWAP Dedicated Webpage

2023 New Mexico Surface Water Quality State Permitting Program Survey Results

NMED posted a brief online survey in July 2023 to better understand stakeholders’ perspectives, concerns, and questions about the idea of a state-led permitting program for surface waters. During the survey period, 416 people submitted responses. Respondents included representatives of a wide range of interests, including local governments, industry, oil and gas, environmental organizations, tribes, state and federal agencies, agriculture, irrigation districts, and outdoor recreation.  However, most of the people responding to the survey categorized themselves as interested state residents (61.3%).

This early input from stakeholders is helping NMED shape options for the state-led water quality permitting program and develop informational resources to answer questions about the process.

The full “New Mexico State Surface Water Quality Permitting Program Survey: Results and Analysis” report is available here.

Key survey results

  • Many respondents (82%) were very supportive of NMED taking the steps needed to develop a state-led surface water quality permitting program for New Mexico. NMED recognizes that the communication channel for alerting people about the survey opportunity – NMED water-focused email lists – reached people who were already signed up to receive water information from NMED. As a result, the people responding to the survey probably already cared a lot about water issues in New Mexico.
  • Few respondents (6%) currently have a surface water quality permit. Permittees may be most directly affected by a state-led surface water quality permitting program. The survey results provide some information on how they perceive such a program, but more input from permittees is essential.
  • Respondents ranked their top two benefits of a state-led surface water quality permitting program as 1) protection for all important surface waters (82%), and 2) local knowledge of New Mexico’s facilities and waters (75%). In addition to these benefits, many respondents also cited state-led enforcement (46%). These perceived benefits indicate that a state-led permitting program is needed to protect state waters that are no longer covered under the Clean Water Act.
  • Most respondents shared concerns and questions about a state-led surface water quality permitting program (72%). Most of their questions and concerns fell under the category of program implementation (60%). These questions and concerns touched on issues such as staffing levels and training; inspection/compliance/enforcement; program funding and costs; permit fees and fines; monitoring; oversight; transparency; efficiency; scope of permit coverage; and effect on Tribal Nations. Regardless of level of support or stakeholder type, respondents wanted more information about the details of a state-led surface water quality permitting program.

Timeline to Implementation

The timeline identifies the steps needed to develop the state permitting program, gain approval, build capacity, and begin implementation.

Further Reading and Resources

Frequently Asked Questions

Surface Water Quality Permitting Program FAQ

In the News

America’s Most Endangered Rivers® report, April 16, 2024
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Get Involved and Stay Informed

If you would like to be added to our project mailing list, or to contact us with feedback or questions, please send an email to swq.pp@env.nm.gov.

*Surface Water Quality Permitting Program flyers – English & Español

Contact us

Ph: 505-827-0187 Find a list of Surface Water Quality staff contacts here.

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