Surface Water Quality State Permitting Program

NMED is developing a State Permitting Program to protect the water quality of New Mexico’s surface waters.

Rivers, streams, lakes, wetlands, and other surface waters sustain the state’s culture, economy, and natural ecosystems. The state legislature has asked the New Mexico Environment Department (NMED) to create a state permitting program to protect these waters from pollution.

Why New Mexico Needs a State Water Quality Permit Program

Currently, New Mexico relies on federal Clean Water Act permits to control the discharge of pollutants into its surface waters. Supreme Court decisions have scaled back federal jurisdiction; recently, in the Sackett decision, the Court decided that federal jurisdiction only extends to relatively permanent waters, leaving many surface waters of New Mexico at risk of contamination and degradation. To protect state waters no longer covered by the Clean Water Act, New Mexico must develop a state permitting program to ensure clean water for drinking, recreational, agricultural, cultural, and other uses.

NMED’s next priority is to assume authority for the federal permit program known as the National Pollutant Discharge Elimination System (NPDES). New Mexico is one of only three states that do not issue and enforce their own NPDES permits. Given the many water challenges facing our state, it is time to take ownership of this important water quality program.

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.

Frequently Asked Questions

Surface Water Quality Permitting Program FAQ

In the News

America’s Most Endangered Rivers® report, April 16, 2024
Related articles-

“Let’s talk about endangered rivers and streams” KUNM, April 15, 2024
“New Mexico’s rivers are most threatened waterways in US, study finds” The Guardian, April 16, 2024
“America’s ‘most endangered rivers’ list: Sewage, toxic algae, construction feed the crisis” USA Today, April 16, 2024
“Photos show wildlife, communities along nation’s ‘most endangered rivers’ for 2024” USA Today, April 16, 2024
“New Mexico’s rivers named ‘most endangered’ in annual list” KRQE, April 16, 2024
“US’s most endangered rivers are in New Mexico: Report” The Hill, April 16, 2024
“Every New Mexico river endangered and vulnerable to contamination, according to national report” Source NM, April 17, 2024
“American Rivers ranks waters in New Mexico as the most endangered in the country” NM Political Report, April 17, 2024
“The Rivers of New Mexico named Most Endangered River of 2024” RFDTV, April 17, 2024
“All of New Mexico’s rivers top list for most imperiled in nation” Santa Fe New Mexican, April 22, 2024

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