On May 25th, 2023, the US Supreme Court released a devastating ruling that gutted the Clean Water Act and eliminated federal safeguards for our waterways. In the decision, the Court ruled that the Environmental Protection Agency cannot enforce protections for our nation’s wetlands. The new danger is that this language could easily be applied to all surface waters. This is a particular problem for New Mexico because New Mexico is one of only three states without a permitting program to protect our surface waters from pollution discharge.
The ramifications for New Mexico are potentially devastating. As much as 94% of our surface waters are seasonal and could easily lose federal protection. Since this ruling, the New Mexico Conservation Coalition and other water allies throughout the state have acted quickly to try and address this lack of protection as expeditiously as possible.
During the 2024 legislative session, CVNM collaborated with our partners in and out of the Legislature to advocate for SB 111- Protect State Waters. The focus of SB 111 was to address the vulnerabilities resulting from the Sackett decision by appropriating funds to the New Mexico Environment Department (NMED). This would have been done in two ways: by monitoring and enforcing water regulations and by increasing water mapping programs.
Increased and more efficacious monitoring and enforcement of current state water regulations will have the benefit of acting as a bulwark against water degradation while a surface water permitting program is being established. Conducting a statewide wetland and stream connectivity analysis is also crucial to this process. By increasing our understanding of how New Mexico’s unique hydrology has been affected by the Supreme Court’s decision, we will have a much greater degree of specificity and knowledge when developing protections around how to best ensure long-term surface water quality.
Initially, $840,000 was requested for NMED in SB 111. While that bill died in the Senate Finance Committee, its aspirations lived on in HB 2, the state budget bill, where $7 million was eventually appropriated to NMED for water protections and enforcement. This is a huge win for New Mexico waters and the communities that depend on them. With this level of funding, NMED should be able to live its mission much more fully by increasing enforcement of current water regulations, performing water mapping, and developing and implementing a state water permitting program.
CVNM will stay engaged with the administration in the coming months as it identifies next steps to implement monitoring, analysis, and protections. If you’d like to learn more about New Mexico’s water issues, specifically regarding the Supreme Court’s Sackett v EPA, decision, visit Protect New Mexico Waters’ comprehensive interactive website here.