State Waters & NMPDES SWOT Analysis
New Mexico's definition of "waters of the state" is broader than the federal "waters of the United States." It includes ephemeral arroyos and dry washes that flow only after precipitation — which means projects near these features may require NMPDES coverage even where federal NPDES would not apply.
What Are "Waters of the State"?
Under New Mexico law, waters of the state include all surface and groundwater within the state's boundaries:
Perennial streams and rivers (Rio Grande, Pecos, San Juan)
Intermittent streams that flow seasonally
Ephemeral waterways (arroyos) that flow only during and immediately after precipitation
Lakes, reservoirs, and wetlands
Groundwater that connects to surface water
This broader definition is central to the NMPDES program — and especially relevant after the Sackett decision narrowed federal jurisdiction over isolated and ephemeral waters.
SWOT Analysis of the NMPDES Program
Strengths
- • Local administration with knowledge of NM-specific conditions
- • Faster permit processing than EPA Region 6
- • Broader protection of state waters, including ephemeral streams
- • Tailored BMP guidance for arid/semi-arid environments
Weaknesses
- • Limited state funding and staffing compared to EPA resources
- • Fewer enforcement actions historically than the federal program
- • Rural areas may have limited compliance assistance
Opportunities
- • Integration with state water planning and conservation efforts
- • Better coordination with tribal water quality programs
- • Modernization of e-permitting and digital compliance tools
- • Enhanced monsoon-season BMP requirements
Threats
- • Budget constraints affecting program capacity
- • Climate change increasing extreme precipitation events
- • Federal regulatory changes affecting delegated programs
- • Expanding development in water-stressed areas
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