For immediate release
February 12, 2025
Contacts:
Rachel Conn, Amigos Bravos, 575-770-8327, rconn@amigosbravos.org
Tricia Snyder, NM Wild, 575-636-0625, tricia@nmwild.org
Tannis Fox, Western Environmental Law Center, 505-629-0732, fox@westernlaw.org
Today, the Senate Judiciary Committee voted 6-3 to pass SB 21, a substitute bill combining SB 21 and SB22. The bill will provide critical protections for New Mexico waters. The bills earlier passed the Senate Conservation Committee on two 6-3 votes. The bill will next go to the Senate Finance Committee, which if passed, will proceed to the full Senate for approval and, if passed, move over to the House for committee hearings and a floor vote.
Following rollbacks to federal clean water protections in recent years, up to 95% of New Mexico’s streams have lost protection once provided under the Clean Water Act. Because of these rollbacks and the lack of a state water quality permitting system, American Rivers named all New Mexico rivers atop its list of the most endangered rivers in the country in its 2024 Most Endangered Rivers report.
The bills would ensure federal clean water protections that had existed in New Mexico for decades are continued at the state level. In addition, they will provide authority to the state to take over permitting from the federal government for the waters that are still federally protected, streamlining the process and bringing oversight into the hands of New Mexicans.
Senate Majority Leader Peter Wirth, Senator Bobby Gonzales, and Rep. Kristina Ortez sponsored SB 22—a bill to establish a state-level permitting system for waters no longer federally protected under the Clean Water Act—and SB 21—a bill to assume state permitting authority for waters currently permitted by the U.S. Environmental Protection Agency— to set in place the necessary authority to build a comprehensive state permitting program. Those two bills have now been combined into substitute SB 21, is not yet publicly available on the legislature’s website.
“New Mexico waters have lost critical protections in recent years, threatening our drinking water, the health of our communities, and the future of key industries like agriculture and outdoor recreation,” said Rachel Conn, deputy director of Amigos Bravos. “We’re pleased to see the progression of this important legislation that would reinstate decades of prior protections and establish a system to ensure the wetlands and waterways we need for our way of life don’t become contaminated.”
“Our land-based communities depend on clean water in our streams, headwaters, and wetlands to irrigate our fields and care for our livestock,” said Paula Garcia, executive director of the New Mexico Acequia Association. “A state-based permitting system will help protect our acequias and farms for the future.”
“This legislation will form a complete surface water permitting program for the state of New Mexico. These protections are critical to ensure our most precious resource is protected for future generations,” said Tricia Snyder, Rivers and Waters Program director for New Mexico Wild. “We’re grateful this important effort is making forward movement in the legislature.”
“Nuevo Mexico must now step up. Urgent action is required. The legislature must adopt protections and programs to safeguard our waterways from pollution,” said Jared Berenice Estrada with The Semilla Project. “These waterways demand our immediate protection for the sake of future generations.”
“With much of the Mimbres and Gila Watersheds at risk due to loss of recent clean water protections, a state permitting program to protect our waters from pollution is needed,” said Allyson Siwik, executive director of the Gila Resources Information Project.
“New Mexico’s most precious resources are our streams, lakes, and wetlands. But this scarce resource is under singular attack,” said Tannis Fox, senior attorney with Western Environmental Law Center. “This legislation will establish the necessary framework to protect our waters from pollution, and protect New Mexico’s communities,Tribal waters, acequias, wildlife habitat, and outdoor recreation economy now and for the future.”
“Valuing water and valuing life are one and the same,” said Rev. Clara Sims, assistant executive director of New Mexico & El Paso Interfaith Power and Light. “In the absence of federal protections, our state leaders have an urgent and sacred responsibility to protect our precious waterways of New Mexico for the thriving of all our communities of life, human and beyond, for all generations to come.”
“New Mexico’s waters are becoming increasingly difficult to protect due to global warming and unstable federal legal protections,” said Zoe Barker, conservation director of Conservation Voters New Mexico. “This legislation will give the state authority to protect the quality of all our fragile surface waters and wetlands for the benefit of agriculture, outdoor recreation, drinking water, and wildlife habitat.”
“Rollbacks in federal protections left up to 95% of New Mexico’s waterways vulnerable to pollution and degradation, resulting in American Rivers listing the waters of New Mexico as 2024’s Most Endangered River,” said Emily Wolf, Rio Grande Coordinator of American Rivers. “This legislation provides a critical framework for clean water protections for all our waters, and communities, in New Mexico.”
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