National Technology & Engineering Solutions of Sandia, LLC (NTESS), operator of Sandia National Laboratory under contract with Department of Energy (collectively referred to as “the Petitioners”) petitioned the New Mexico Water Quality Control Commission (WQCC) for a rulemaking to amend Water Quality Standards. The petitioners conducted a Use Attainability Analysis (UAA) and proposed to amend 20.6.4.97 NMAC to establish Tijeras Arroyo, Rio Grande to Four Hills Bridge (AU NM-9000.A_070) as ephemeral. The WQCC granted a request for a hearing on this matter that was originally scheduled for October 14, 2025 and subsequently rescheduled for December 9, 2025. The WQCC deliberated at the close of the hearing record and voted to adopt the proposed amendment. The designated uses for this stretch changed from Primary Human Contact and Marginal Warmwater Aquatic Life (see 20.6.4.98 NMAC), to Secondary Human Contact and Limited Aquatic Life under 20.6.4.97 NMAC.

The WQCC Chairman finalized this action upon signature of the Final Order and Statement of Reasons on February 6, 2026. NMED filed the amended rule with the State Records Center and Archives for publishing in the New Mexico Register on February 24, 2026. The rule will be effective for state purposes on March 14, 2026. Thereafter, NMED will submit the amended rule to EPA for review and approval under the federal Clean Water Act. Please see the links below for details of the hearing and supporting information.

Tijeras Arroyo UAA and Public Involvement PlanFebruary 8, 2025
WQCC Docketed Matters Webpage June 4, 2025
NMED Events CalendarAugust 12, 2025; October 7, 2025
Public Comment PortalAugust 12, 2025; October 7, 2025
Petition to Amend 20.6.4 NMACJune 4, 2025
Scheduling and Pre-hearing Order IJuly 24, 2025
Public Notice (English) – Hearing RescheduledAugust 12, 2025
Public Notice (Spanish) – Hearing RescheduledAugust 12, 2025
Scheduling and Pre-hearing Order IISeptember 15, 2025
SWQB Public Involvement Plan – RevisedOctober 7, 2025
Public Notice (English) – December HearingOctober 7, 2025
Public Notice (Spanish) – December HearingOctober 7, 2025
NTESS – Notice of Intent to Present Technical TestimonyNovember 19, 2025
NTESS – Exhibits 1-12November 19, 2025
NTESS – Exhibit 13November 19, 2025
NTESS – Exhibit 14November 19, 2025
NTESS – Exhibit 15November 19, 2025
NTESS – Demonstrative ExhibitDecember 9, 2025
NMED – NOI to Present Technical TestimonyNovember 19, 2025
NMED – Exhibits 1-17November 19, 2025
Public CommentDecember 9, 2025
SRCA Transmittal SheetFebruary 6, 2026
Final Order and Statement of ReasonsFebruary 6, 2026
Notice w/Concise Explanatory StatementFebruary 19, 2026
20.6.4 NMAC – Amended Section 97March 14, 2026
20.6.4 NMAC – Integrated RuleMarch 14, 2026
EPA Submittal LetterTBD
EPA Response Letter and Technical Support DocumentTBD

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