NMED has 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 will be accepting comments from the public between August 29, 2025 – October 28, 2025.
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.
The Surface Water Quality Bureau will host three (3) virtual informational meetings to provide an overview of the proposed rules and answer questions from the public. Registration for the informational meetings is listed below.
| 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 Meetings 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 Meeting Registration Link | September 22, 24, and 26, 2025 |
| Petition WQCC for Hearing | December 9, 2025 |
| WQCC Docketed Matters | TBD |
Following this comment period, NMED plans to petition the Water Quality Control Commission (WQCC) in December 2025 for a rulemaking hearing, anticipated in Spring 2026 hearing. 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.