New Mexico Water Quality Control Commission Reviews Bill for Surface Water Regulations

The New Mexico Legislature's House Committee on Energy, Environment, and Natural Resources convened on March 11, 2025, to discuss significant updates to water quality regulations. The primary focus of the meeting was a proposed bill aimed at refining the authority of the Water Quality Control Commission regarding surface water discharges.

The bill seeks to establish clearer guidelines and limitations for the Commission, which currently has broad authority to regulate water quality. Key provisions include specifying what surface water discharges will be regulated, outlining exemptions, and detailing general permitting requirements. Without these legislative updates, there is concern that the Commission could potentially eliminate general permits, creating operational challenges.

During the discussions, representatives raised questions about the language used in the bill, particularly the shift from "may" to "shall" in regulatory language. This change reflects a response to evolving circumstances and aims to ensure that necessary regulations are adopted promptly.

Another critical topic was the inclusion of tribal water quality standards in the permitting process. The bill mandates that permits cannot be issued if they would violate downstream water quality standards, including those set by tribal nations. This provision underscores the importance of respecting tribal sovereignty and environmental standards.

The committee also addressed concerns regarding the potential for the federal government to deny state primacy in water regulation. Officials reassured members that they have been in close collaboration with the Environmental Protection Agency (EPA) and do not anticipate issues with federal approval of the state’s program.

The meeting concluded with discussions about the implications of the recent Sackett decision by the Supreme Court, which narrowed the definition of "waters of the United States." This ruling has significant implications for state regulatory authority over non-navigable waterways, emphasizing the need for clarity in water regulation moving forward.

Overall, the proposed bill represents a proactive approach to water quality management in New Mexico, aiming to provide regulatory certainty while balancing environmental protection and stakeholder interests. The committee plans to continue engaging with stakeholders as the legislative process unfolds.