April 16 – All New Mexico rivers top this year’s list of the nation’s most endangered rivers.
That’s right, everyone.
The U.S. Supreme Court’s Sackett decision last year led to most of New Mexico’s waters being stripped of federal protections, polluting not only the state’s streams, canals and arroyos, but also rivers containing contaminated water could end up – such as the Rio Grande, Gila and Pecos. , according to American Rivers’ 2024 Top 10 List.
In recent years, New Mexico has had one or two rivers on the Washington, D.C., conservation group’s annual list. But it is very unusual to group all of a state’s rivers together and place them in the most endangered category, let alone first.
The Supreme Court’s ruling in the Sackett case limits federal safeguards to “relatively permanent” waters that flow continuously or in regular seasonal cycles — for example, after snowmelt. Few waters in New Mexico meet that criterion, with most streams flowing after rainstorms or at irregular intervals.
While the court ruling was a huge blow that left nearly all of New Mexico’s waterways vulnerable, the good news is that in response to the ruling, the state is pursuing greater autonomy in regulating its rivers, lakes and other surface waters, says Matt Rice, American Rivers. ‘Southwest regional director.
“New Mexico, from our national perspective, is a bright, shining example of what the states must do in light of the Supreme Court’s decision,” Rice said.
New Mexicans have a strong relationship with their rivers because of economic, cultural, recreational and agricultural values, Rice said. And the fact that the rivers are not as large as those in wetter states makes them and the water they provide of “primary importance,” he said.
The state’s rivers are also an important source of drinking water.
State regulators and water advocates have said New Mexico faces an urgent situation that should force the country to act quickly.
“It is sobering to see that all of New Mexico’s rivers are at the top of the most endangered list,” said Rachel Conn, deputy director of Taos-based Amigos Bravos. “It’s a real wake-up call for us as a state to take action to protect our waters.”
Losing federal safeguards is especially troublesome for New Mexico, she said, because it is only one of three states that have no authority to regulate polluted discharges under the Clean Water Act, relying instead on the U.S. Environmental Protection Agency and its ever-changing guidelines.
Recent history underlines how the state can be affected by shifting political winds.
The Trump-era EPA renewed the navigable water rule that determines the scope of federal protection, disqualifying most of New Mexico’s surface waters. The Biden administration’s EPA restored most safeguards.
Shortly thereafter, the Supreme Court sharply limited the types of waters that could be protected.
The EPA subsequently revised the navigable waters rule to align with the Supreme Court’s decision, leaving an estimated 95% of New Mexico’s waters unprotected.
State leaders have expressed the need to establish greater authority to regulate New Mexico’s waters long before the Sackett decision. This year they showed their commitment by securing significant funding, Rice said.
The Legislature has approved $7.6 million to help the state develop a permitting program to cover contaminated discharges while boosting enforcement of current water quality regulations.
Water advocates see it as a massive windfall that they hope will put New Mexico on the path to protecting its own waters on its own terms.
Santa Fe County Commissioner Anna Hansen applauded lawmakers for allocating the money but expressed concern that rivers and streams would remain unprotected in the meantime.
“Our rivers are in danger… and it takes time to write regulations,” Hansen said.
State Environment Department officials have said the funding will help establish the program but is not enough to fully implement and maintain it.
The money will help them develop a database to improve permitting, create a mapping system to identify threatened waters and conduct technical research to write guidelines.
They aim for an initial rollout of the program in 2027.
Rice said New Mexico’s governor and lawmakers deserve credit for their efforts to strengthen oversight of the rivers in response to the Supreme Court’s decision. In that sense, New Mexico is leading the way, he added.
Some states already have the power to regulate their waterways under federal law but choose not to, Rice said.
“They have the authority, but they don’t have the programs,” he said. “And in many cases they don’t have the political will.”
