We Can’t Spare a Drop: Clean Water in New Mexico

January 30, 2010

By Kim McMurray

In New Mexico, water is not an issue that we take lightly, and polluted water, in any capacity is not a problem that we can afford to ignore. The Rio Grande and all our state waterways are threatened by local industrial polluters, and lax regulations within the current Clean Water Act.

The Rio Grande is a hallmark of New Mexico and provides our residents with a place to go fishing, swimming and rafting. Although the Rio Grande and all our state waterways provide us with so much, polluters continue to dump directly into our waterways and into the streams that feed them. In 2007, industrial facilities dumped 26 tons of toxic chemicals into New Mexico’s waterways. And for the most part, these polluters go unpunished. The pollution comes from farming, developers, road building, logging, mining and oil and gas drilling. We have regulations on the books to protect our rivers, lakes and streams. Unfortunately, over the last 10 years federal protections have been weakened, allowing polluters to dump unlimited pollution in the streams and wetlands that feed our great waterways, like the Rio Grande.

The Clean Water Act is the key piece of legislation designed to protect our waters. It was passed in 1972 during a time when America’s rivers were so polluted that some, like Ohio’s Cuyahoga River, caught on fire. We have come a long way in 30 years. But recent Supreme Court decisions have set us back – taking away Clean Water Act protections for thousands of streams and millions of acres of wetlands.

Now developers can pave over wetlands and pollute the streams that feed our great waterways like the Rio Grande, and there is nothing the federal government can do about it. According to the Environmental Protection Agency (EPA), 88 percent of New Mexico’s streams may no longer be protected by the Clean Water Act.

In the best interest of New Mexicans, we need to fix this problem sooner rather than later. The health of New Mexico’s drinking water is at risk, as water consumption outstrips natural supply and the water we do have is threatened by unregulated pollution. If rates of water consumption stay constant and the Southwest’s ever-growing population trends continue, the region will be using twice as much water in 2040 as it does today. We need enough clean water to drink and to fuel our economy. Our crops won’t grow and our livestock won’t survive unless we have enough water. We cannot afford to waste a drop, or let industrial polluters dump tons of chemicals with known links to developmental and reproductive disorders and cancer.

This year we have an opportunity to restore the Clean Water Act to its original intent and once again protect all our waterways by passing the Clean Water Restoration Act. This is a simple bill that reaffirms that all, not just some, of our waters are protected by the Clean Water Act. Right wing ideologues and special interests who want carte blanche to pollute our waterways will argue that this bill is something it is not. For years, they have claimed that the Clean Water Restoration Act would bring the Feds into your backyard requiring permits for every birdbath, mud puddle and swimming pool. Not only is this untrue but it is inconceivable that the EPA would have the desire, let alone the resources, to regulate the water quality of your birdbath.

The fact is, this bill does not impose any new regulatory requirements and does not broaden or add any new category of waters to the scope of the Clean Water Act. It would simply restore the law, clearly protecting what was protected before the Supreme Court’s 2001 decision. There are also exemptions for farmers in the Clean Water Act legislation that passed the Senate committee in June.

This important legislation is now is set to be taken up by the House Transportation and Infrastructure Committee. We urge representatives Heinrich, Lujan, and Teague to protect America’s waters by helping this bill pass in the House. We cannot wait another year as our waterways continue to be polluted. We need Congress to act now to preserve the Rio Grande and protect all America’s waterways.

Kim McMurray is the Environment Associate for Environment New Mexico, a citizen-based statewide environmental advocacy organization.

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