{"id":612,"date":"2023-06-13T21:13:01","date_gmt":"2023-06-13T21:13:01","guid":{"rendered":"https:\/\/www.env.nm.gov\/surface-water-quality\/spp\/"},"modified":"2026-03-19T13:29:57","modified_gmt":"2026-03-19T19:29:57","slug":"spp","status":"publish","type":"page","link":"https:\/\/www.env.nm.gov\/surface-water-quality\/spp\/","title":{"rendered":"Surface Water Quality State Permitting Program"},"content":{"rendered":"
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East Fork Jemez, 2023<\/sub><\/figcaption><\/figure><\/div>\n\n\n

NMED State Permitting Program Development Update<\/h2>\n\n\n\n

The New Mexico Environment Department (NMED) is actively taking steps to protect the state\u2019s 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.<\/p>\n\n\n\n

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\u2019s surface waters unprotected by the Clean Water Act.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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<\/a>, available below, provides a summary of the SWAP meetings and key points. <\/p>\n\n\n\n

NMED prepared draft surface water permitting rules for the NMPDES Program and State Permitting Program<\/strong><\/a>, 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\u2019s 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.<\/p>\n\n\n\n

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\u2019s 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.<\/p>\n\n\n