New Mexico water board votes to protect 250 miles of river and stream segments from pollution

An aerial view of the Jemez Watershed on June 28, 2024. New Mexico designated 250 miles across five watersheds with its highest state water quality protections Tuesday. (Photo by Danielle Prokop / Source NM)

By: Danielle Prokop
Source NM
 
The Water Quality Control Commission voted 10-0 to protect portions of the Rio Grande, Rio Chama, Cimmaron, Pecos and Jemez river watersheds in the northern portion of the state.
These areas are now designated as Outstanding National Resource Waters, outlawing degradation including quality harms such as pollution, heavy metals, increased temperature or clouding.

Most of the stream areas were already recognized as valuable, for animal habitat, community use or recreation. Some of the protected waters were named Wild and Scenic river by U.S. Congress, others were part of waters running through national and state parks or in wilderness areas; or recognized as important trout habitat.

But crucially, the river segments now have strict protections for the future, said Steven Fry, the policy specialist for Taos-based water conservation nonprofit Amigos Bravos.

“The water quality must maintain where it is, or get better,” Fry said about the designation. “It just limits what kind of pollution can be put into these streams moving forward.”

The protections matter more now, than ever, advocates said, pointing to the U.S. Supreme Court Sackett v. EPA ruling in June 2023. The decision reshaped federal water policy overnight by removing federal water protections for intermittent rivers and streams and wetlands without a surface water connection. State officials estimate that decision opens up 93% of New Mexico waters to pollution risks.
 
It’s not a direct connection, since Sackett impacted federal standards, while the Outstanding National Resource Waters is a state protection, said Tannis Fox, an attorney at Western Environmental Law Center.

“But because of Sackett, so many New Mexico rivers and wetlands are at risk, this is one more tool in the toolbox to protect waters in light of the federal restrictions,” Fox said.

In August, the New Mexico Environment Department started the petition process and was joined by conservation nonprofits in raising public support before the December meeting.
Just over 1,700 miles of streams and 8,300 acres of wetlands in New Mexico are protected as Outstanding National Resource Waters since 2005.

The increased protections show New Mexico is making local decisions to address water quality after the state lost federal protections, said Dan Roper, the New Mexico state lead at conservation nonprofit Trout Unlimited.
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“In light of Sackett, designations like this are actually more important than they used to be,” Roper said.