All of New Mexico's rivers top list for most imperiled in nation

Apr. 16—All of New Mexico's rivers have made the top spot this year on a list of the most endangered in the country.

That's right, all of them.

Last year's U.S. Supreme Court's Sackett decision led to the bulk of New Mexico's waters being stripped of federal protections, threatening to pollute not only the state's streams, canals and arroyos but rivers contaminated water could drain into — such as the Rio Grande, Gila and Pecos, according to the American Rivers' top 10 list for 2024.

In recent years, New Mexico has had one or two rivers make the Washington, D.C., conservation group's annual list. But it's highly unusual to have all of a state's rivers bundled and placed in the most-imperiled category, let alone the No. 1 spot.

The high court's ruling in the Sackett case limits federal safeguards to "relatively permanent" waters that flow continuously or in regular seasonal cycles — for instance, after snowmelt. Few of New Mexico's waters fit that criteria, with most streams flowing after rainstorms or in irregular intervals.

Although the court's decision was a huge blow that left nearly all of New Mexico's waterways vulnerable, the good news is the state is pursuing greater autonomy in regulating its rivers, lakes and other surface waters in response to the ruling, said Matt Rice, American Rivers' Southwest regional director.

"New Mexico from our national perspective is kind of a bright, shining example of what needs to done by the states in light of the Supreme Court decision," Rice said.

New Mexicans have as strong relationship with their rivers because of the economic, cultural, recreational and agricultural values, Rice said. And the fact the rivers aren't big like the ones in wetter states makes them and the water they supply of "prime importance," he said.

The state's rivers also are a main source of drinking water.

State regulators and water advocates have said New Mexico faces an urgent situation that should compel it to act swiftly.

"It's sobering to see all of New Mexico's rivers" top 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's only one of three states with 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 underscores how the state can be buffeted by shifting political winds.

The Trump-era EPA revamped the navigable waters rule that determines the scope of federal protections, disqualifying most of New Mexico's surface waters. The Biden administration's EPA restored most of the safeguards.

Soon afterward, the Supreme Court sharply narrowed the types of waters that can protected.

The EPA then overhauled the navigable waters rule to align with the high court's decision, leaving an estimated 95% of New Mexico's waters unprotected,

State leaders have voiced the need to establish greater authority to regulate New Mexico's waters long before the Sackett decision. This year, they showed their commitment to do so by coming through with hefty funding, Rice said.

The Legislature approved $7.6 million to aid the state in developing a permitting program to cover polluted discharges while boosting enforcement of current water quality rules.

Water advocates see it as a gigantic windfall — one they hope will set New Mexico on a path toward protecting its own waters on its own terms.

Santa Fe County Commissioner Anna Hansen applauded lawmakers for allocating the money, but expressed concerns about rivers and streams remaining unprotected in the meantime.

"Our rivers are imperiled ... and it takes time to write rules," Hansen said.

State Environment Department officials have said the funding will assist in creating the program but isn't enough to fully implement and maintain it.

The funds will help them develop a database to improve permitting, create a mapping system to identify imperiled waters and do technical research for writing guidelines.

They're shooting for an initial rollout of the program in 2027.

Rice said New Mexico's governor and lawmakers deserve credit for working to strengthen oversight of rivers in response to the Supreme Court 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 do it, Rice said.

"They have the authority but they don't have the programs," he said. "And in a lot of cases, they don't have the political will."