Today, the House voted 43-25 to pass SB 21, a bill to provide critical protections for New Mexico waters. It will next go to Gov. Michelle Lujan Grisham to be signed into law.
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.
SB 21 ensures federal clean water protections that had existed in New Mexico for decades are continued at the state level. In addition, it provides authority for 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.
The New Mexico Environment Department (NMED) and the governor’s office led the development of SB 21 working with a diverse group of stakeholders. Senate Majority Leader Peter Wirth, Rep. Kristina Ortez, and Sen. Bobby Gonzales sponsored the bill which establishes a state-level permitting system for waters no longer federally protected under the Clean Water Act and gives the state permitting authority for waters currently permitted by the U.S. Environmental Protection Agency. SB 21 sets in place the necessary authority to build a comprehensive state permitting program for New Mexico’s future.
“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 elated that the bill has passed through the Legislature and will now head to Gov. Lujan Grisham for her signature. This important legislation 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.”
“We’re so grateful to the sponsors and the Environment Department for the hard work that has gone into this bill throughout the interim session and the variety of legislative committee oversight it has seen within this session,” said Tricia Snyder, Rivers and Waters Program director for New Mexico Wild. “We’re excited to see it move forward to the governor for her signature. The protections SB 21 would provide are critical to protecting New Mexico’s most precious resource, our waters.”
“Nuevo Mexico’s Legislature stepped up to this urgent need 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. I hope the governor sees fit to sign this critical protection into law.”
“With much of the Mimbres and Gila Watersheds at risk due to the recent loss of clean water protections, we are grateful to the NM Environment Department and legislature for their hard work on this bill. We look forward to seeing SB21 signed into law by the governor and restoring these urgently-needed safeguards for New Mexico’s waters,” 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 safeguard New Mexico’s communities, Tribal waters, acequias, wildlife habitat, and outdoor recreation economy now and for the future. We commend NMED, the governor, and the sponsors for championing this bill that will protect New Mexico’s priceless waters, as well as everyone in the New Mexico Legislature who voted in favor.”
“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, American Rivers Action Fund. “This legislation provides a critical framework for clean water protections for all our waters, and communities, in New Mexico.”
Contacts:
Tricia Snyder, NM Wild, 575-636-0625, gro.d1742733018liwmn1742733018@aici1742733018rt1742733018
Tannis Fox, Western Environmental Law Center, 505-629-0732, gro.w1742733018alnre1742733018tsew@1742733018xof1742733018
SB21 vote history and path forward:
✔ Senate Conservation Committee: Passed 6-3 on 1/30
✔ Senate Judiciary Committee: Passed 6-3 on 2/12
✔ Senate Finance Committee: Passed 6-4 on 2/21
✔ Full Senate: Passed 25-16 on 2/26
✔ House Agriculture, Acequias, and Water Resources Committee: Passed 5-2 on 3/4
✔ House Energy, Environment, and Natural Resources Committee: Passed 5-4 on 3/11
✔ Full House of Representatives: Passed 43-25 on 3/19
□ Governor’s signature
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