New Mexico Takes Critical Step to Restore Water Protections After Supreme Court Setback
By Max Trujillo, HECHO Regional Manager.
Access to clean water is essential to life — for our communities, ecosystems, outdoor recreation, agriculture and local economies. Yet in 2023, a U.S. Supreme Court ruling severely weakened federal protections for wetlands and streams by restricting the Environmental Protection Agency’s (EPA) authority under the Clean Water Act.
The EPA estimates that this ruling eliminated protections for up to 63% of wetlands across the country, leaving approximately 4.9 million miles of streams — and the drinking water of tens of millions of Americans — vulnerable to pollution and development.
In the face of this federal rollback, several states have taken action to close the gap. Across the Southwest, HECHO has been working to advance state-level protections for clean water through state legislation.
Last year, we celebrated Colorado’s passage of HB24-1379, which became the first law in the nation to restore wetland and stream protections at the state level.
We are excited to see New Mexico following suit by safeguarding millions of acres of waterways from pollution and destruction. Recently, Governor Michelle Lujan Grisham signed SB 21 into law, reinstating critical protections for up to 95% of New Mexico's rivers and streams and 88% of its wetlands that were left unprotected by the Supreme Court’s decision. This legislation creates a comprehensive, state-run permitting system for waters no longer covered by the Clean Water Act, placing that oversight directly into the hands of New Mexicans.
HECHO is proud to support this vital legislation and extends our deep gratitude to Governor Lujan Grisham, the New Mexico State Legislature, and the New Mexico Environment Department for their support of this law and leadership in safeguarding the state’s water resources.
HECHO's participation in coalition meetings and key discussions added an important cultural and traditional perspective to the drafting of the legislation. New Mexico is a unique tapestry of a centuries old tradition of sharing fresh water through a democratic process that allows fair usage through responsible cooperation. SB 21 offers hope that these traditional values will be safeguarded and strengthened through meaningful and sustainable protections.
While Americans await Congressional action to restore the protections lost due to the Supreme Court's decision, state-level action is more important than ever.