New Mexico rivers are the most endangered in the country, according to the annual report from American Rivers.
This is because of two U.S. Supreme Court rulings, notably including Sackett v. U.S. Environmental Protection Agency, in which the court stripped protections from the vast majority of waterways in the state.
Matt Rice, the southwest regional director of American Rivers, explained that the court ruling “removed federal protections for some smaller streams, rivers and wetlands throughout the United States.”
The court ruling scaled back waterways subject to protections under the Clean Water Act, limiting them to perennial rivers and wetlands that have a continuous surface connection with a river that flows nearly all the time.
That means a handful of New Mexico rivers such as the Rio Grande, the San Juan and the Pecos are still protected under the Clean Water Act, though they could themselves be impacted by some of the wetlands and ephemeral waterways that lost their protections due to the court ruling.
A previous Supreme Court ruling from 2006, Rapanos v. United States stripped federal protections from the waters in closed basins, which represent 20% of the land area in New Mexico.
In its endangered rivers report, American Rivers states that the Rapanos and Sackett rulings “fly in the face of established science and ignore the value that small streams and wetlands have to their broader watersheds, communities, and economies, particularly in places with dry climates like New Mexico.”
“While the threat to New Mexico’s rivers and streams and wetlands is particularly acute, it’s also kind of an analogue for the rest of the Southwest states and even the rest of the country,” Rice said.
New Mexico is unique for a few reasons. It is an arid state where the majority of waters are ephemeral, meaning they don’t flow year round. Additionally, it is one of three states that defers to the federal government for permitting.
“Those states that have existing state programs at least have some level of state protection, permitting protection from pollution from development, things that harm rivers, streams and wetlands,” he said.
Because it does not have a state permitting program, projects like wastewater treatment plants, mines, industrial sites and other development projects may no longer be required to obtain permits intended to protect waterways and wetlands.
While New Mexico doesn’t have that existing permitting program, Rice said that residents and elected leaders have a deep commitment to protect its waters. He said Gov. Michelle Lujan Grisham expressed concern following the Sackett decision and has said she is committed to developing a state permitting program.
The New Mexico Environment Department has already taken steps to establish a permitting program and the legislature appropriated $7.6 million this year to help in that effort.
New Mexico also has a “Waters of the State” definition that is more comprehensive than the federal “Waters of the United States” definition. That means when a state program is established and funded, it will be able to protect all of New Mexico’s waterways, including the isolated wetlands and small streams, according to American Rivers.
Rice said the ranking is more than just a story about the threat that waters face due to the Sackett decision, it’s also a story of how states can respond.
“New Mexico is a great example of doing things the right way,” he said.
Rice said, to the best of his knowledge, this is the first time in the 40-year history of the most endangered rivers list that American Rivers has chosen to list all the rivers in a single state as endangered. He explained that the Sackett decision places 96% of the rivers in New Mexico at risk.
The organization ranks endangered rivers based on various criteria including whether a major decision that the public can help influence in the coming year may impact the river. Additionally, American Rivers looks at the significance of the river both to people and nature and the magnitude of the threat that it faces.
According to American Rivers, the Sackett decision places clean water resources at risk in New Mexico and could impact wildlife habitat, recreation, agriculture and cultural resources.
Rice said American Rivers hopes the ranking demonstrates the public support for New Mexico’s efforts to establish a permitting program and keep it funded. He said establishing a clean water program in the state is a big ordeal and that not everyone will necessarily be on board with the efforts.
Tannis Fox, a senior attorney with the Western Environmental Law Center, expressed gratitude for American Rivers decision to rank New Mexico’s waters as the most endangered rivers in the country and expressed hope that it could “further galvanize public, legislative, and executive support for the state to fill the regulatory gap left in the wake of Sackett.”
“Protecting New Mexico’s most precious resource – our rivers, streams, and wetlands – is at a crossroad,” Fox said. “With the Supreme Court’s dismantling of Clean Water Act protections, it is now up to states to fully protect their waters.
NM Political Report is a nonprofit public news outlet providing in-depth and enterprise reporting on the people and politics across New Mexico.
