By New Mexico Wild Staff | January 26, 2023

On January 18, 2023, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a final rule revising the definition of “Waters of the United States” (WOTUS), which clarifies which waterbodies are subject to jurisdictional protection under the federal Clean Water Act (CWA). The rule replaces a devastating policy put into place by the Trump Administration, which New Mexico Wild challenged in federal court, and reinstates CWA protection for some of New Mexico’s wetlands and ephemeral streams.

“New Mexico is one of only three states in the nation that looks to the EPA to issue point-source permits and does not have authority to permit on waterways not covered under the WOTUS definition. It is critical to establish a surface water quality permitting program in New Mexico to ensure we have the ability to protect one of our most precious resources, our water.

This new definition is a step in the right direction and goes a long way towards restoring protections for waterways across the nation. But like so much across the Land of Enchantment, New Mexico’s waters are unique, and they deserve local oversight.”