Water Quality Act changes flow through the Senate

A hotly contested state takeover of New Mexico surface water protection duties is headed to the state House with just over three weeks left in this year’s 60-day legislative session.

The changes to the state’s Water Quality Act were approved late Wednesday by the Senate on a party-line vote.

Senate Bill 21 is a 66-page bill seeking to shift the authority of some water regulatory protections from a federal level to a state level. The goal is to maintain clean surface and groundwaters.

There are three main provisions to the bill, said Jonas Armstrong, director of the New Mexico Environment Department’s Water Protection Division: implementing a federal clean water program on a state level, requiring state permits where federal permits aren’t required to protect waterways and granting the state authority to deal with super-polluters.

This year’s proposed budget includes $50 million so NMED can hold polluters accountable in court if needed.

Armstrong told the Journal the agency “worked closely with industry representatives and environmental organizations to come to agreements.” The Senate chamber adopted four amendments to the bill, three of which came from Minority Leader William Sharer, R-Farmington, and sought to clarify some definitions, potential for legal action and exemptions to discharge permits.

Nonetheless, all Senate Republicans still voted against the Democrat-sponsored bill.

“While this terrible bill looks a whole lot better than it did when it was originally presented to us, it remains unnecessary and severely undermines the authority of local governments,” said Sen. Candy Spence Ezzell, R-Roswell, who described it as an attempt to “Trump-proof” the state.

Meanwhile, environmental advocates are applauding the legislation.

Tannis Fox, senior attorney with Western Environmental Law Center, said water is under attack.

“This legislation will establish the necessary framework to protect our waters from pollution, and protect New Mexico’s communities, tribal waters, acequias, wildlife habitat and outdoor recreation economy now and for the future,” she told the Journal via email.

Armstrong said he doesn’t anticipate any more changes to the bill on the House side. The legislation was awaiting House committee assignments Thursday afternoon.

“We’ve done a lot of work on the bill, and we’re hopeful going into the House that they will see it that way also,” he said.