NMED released the Public Review Draft for the draft amendments to the State’s Standards for Ground and Surface Water Protection, 20.6.2 New Mexico Administrative Code (NMAC), and draft new rule to establish the New Mexico Pollutant Discharge Elimination System Act (NMPDES), 20.6.5 NMAC. The Department accepted comments from the public between August 29, 2025 – October 28, 2025. On December 9, 2025, NMED petitioned the Water Quality Control Commission (WQCC) to hold a rulemaking hearing. The Commission granted a hearing scheduled to take place June 8-18, 2026.
These proposals were developed to bridge the regulatory gap between state waters protected by the Clean Water Act and those not currently protected. The state is developing a state permitting program pursuant to Senate Bill 21, which was passed in the 2025 Regular Legislative Session, to ensure clean water for drinking, recreational, agricultural, cultural, and other uses.
In the public review drafts, NMED proposes two (2) program components:
- Regulations that establish authority for NMED to implement the federal National Pollutant Discharge Elimination System (NPDES) program in New Mexico, which regulates the discharge of pollutants into waters of the United States, 20.6.5 NMAC; and
- Regulations that create a new State permitting program to regulate the discharge of pollutants, including dredged and fill material, into surface waters of the state under the authority of the New Mexico Water Quality Act, 20.6.2 NMAC – amendments to existing rule.
| Document | Date |
| Limited English Proficiency Analysis and Public Involvement Plan | August 29, 2025 |
| Notice of Public Review, Draft Comment Period, and Informational Meetings English and Spanish (Español) | August 29, 2025 |
| Public Review Draft, NMED’s Proposed Amendments to Ground and Surface Water Protection 20.6.2 NMAC Table of Contents Correction | August 29, 2025 |
| Public Review Draft, NMED’s New Rule New Mexico Pollutant Discharge Elimination System 20.6.5 NMAC | August 29, 2025 |
| Public comments may be submitted to the NMED Public Comment Portal | August 29, 2025 to October 28, 2025 |
| Public Notice Entry on the NMED Events Calendar | August 29, 2025 |
| Timeline for Rulemaking | August 29, 2025 |
| Informational Webinars Monday, September 22, 2025, at 6:00 pm (MDT) Wednesday, September 24, 2025, at 2:00pm (MDT) Friday, September 26, 2025, at 10:00am (MDT) Informational Webinar Presentation (PDF) Informational Webinar Presentation Recording (mp4) | September 22, 24, and 26, 2025 |
| Petition WQCC for Hearing | December 9, 2025 |
| Rulemaking Hearing WQCC Docketed Matters Title: WQCC 25-74 (R): In the Matter of Proposed Amendments to 20.6.2 NMAC and 20.6.5 NMAC – Surface Water Quality State Permitting Program | June 8-18, 2026 |
This webpage will be updated regularly to reflect the status of the rulemaking process. To ask questions or request information or be added to our mailing list, email swq.pp@env.nm.gov.
For more information visit the State Permitting Program webpage.