Tuesday
May 15, 2007
Governor Bill Richardson
Praises Victory for Clean Water after Court Upholds Water Quality Control
Commissions Definition of Surface Water
Source: New Mexico Governor Bill Richardson
“This ruling is a victory for clean water in New Mexico,” Governor Bill Richardson said. “This decision will allow the state to be immune from weakening federal protections for surface water quality that has occurred since 2001. My administration will continue to stand up for New Mexico’s waters, which must always be protected.”
"The protection of water quality for all New Mexicans has been and continues to be the priority for this administration,” said Environment Department Secretary Ron Curry. “Water is the state’s most precious natural resource and this court action affirms the important work done by the Environment Department to protect our state’s vulnerable waters.”
The WQCC changed the definition during its triennial review of the state’s surface water quality standards to affirm the state’s broad authority over all surface waters within state boundaries, not only waters with an interstate commerce connection.
In the past six years, two key decisions of the U.S. Supreme Court raised questions about the scope of the federal Clean Water Act, which serves as the primary law that protects waters in the U.S. Those court decisions raised questions about long-term protection for bodies of water commonly found in New Mexico, including non perennial waters, playa lakes and waters within closed basins. Non perennial waters make up more than 80 percent of the state’s surface waters, closed basins cover nearly 20 percent of the land area of the state and playa lakes dot eastern New Mexico.
Closed basin waters in particular were vulnerable under federal rollbacks. Communities that rely on closed basin waters, both economically and culturally, include Tularosa, Silver City, Deming, Animas, Lordsburg, Estancia, Stanley, Edgewood, Moriarty, Alamogordo, Carrizozo, Mescalero, Magdalena, Bent, and Nogal. Closed basins, which include the Mimbres, Tularosa, Estancia, Sacramento, Salt, San Augustine, Southwestern, Animas and North Plains Basins, also cover parts of Mescalero Apache and Acoma land and portions of 19 counties.
The New Mexico Mining Association, New Mexico Homebuilders Association, New Mexico Oil and Gas Association, New Mexico Cattle Growers' Association, New Mexico Wool Growers Inc., Chino Mines Co.and Phelps Dodge Tyrone Inc. filed the appeal in 2005 opposing the WQCC’s amendment of the definition of surface waters of the state.
Amigos Bravos, Gila Resources Information Project (GRIP), New Mexico Trout, New Mexico Acequia Association, 1000 Friends of New Mexico and the Sierra Club joined the state WQCC and NMED to defend New Mexico’s surface waters.
Contact:
Marissa Stone, NMED (505)
827-0314 or (505) 231-0475
Allan Oliver, Governor’s Office (505) 476-2214