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Tribal Coordination & NMPDES

New Mexico is home to many federally recognized tribes and pueblos. Tribal lands fall under federal and tribal authority — not state jurisdiction — but projects on state or private land that could affect tribal waters must still consider tribal water quality standards and coordination requirements under the NMPDES program.

Jurisdictional Overview

On tribal land
EPA retains NPDES authority; state NMPDES permits do not apply.
Off tribal land, upstream of tribal waters
NMPDES permits may include additional conditions to protect downstream tribal water quality.
Tribes with Treatment as State (TAS)
Some NM tribes have established their own water quality standards that may be more stringent than state or federal standards.

When Tribal Coordination Is Required

NMED may require tribal consultation or notification when a proposed discharge could affect:

Waters that flow onto or through tribal lands
Sacred sites, cultural resources, or ceremonial water uses
Drinking water sources on tribal lands
Aquatic ecosystems important to tribal subsistence

Best Practices for Operators

Identify all downstream tribal lands early in project planning
Contact the NMED Surface Water Quality Bureau for guidance on coordination requirements
Implement enhanced BMPs for projects upstream of tribal waters
Document all tribal coordination efforts in your SWPPP
Consider voluntary consultation with affected tribes even when not formally required

Tribal Water Quality Programs in New Mexico

Several New Mexico tribes have developed their own water quality standards and monitoring programs, including the Pueblo of Isleta, the Pueblo of Sandia, and the Navajo Nation. Discharges that could affect these waters may need to meet the more stringent of state or tribal standards — plan and document accordingly.

Waters of the state (SWOTS) →NMPDES vs. NPDES →NMPDES guide →

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