Middle Rio Grande Regional Water Plan

National Priorities List (NPL). 42 U.S.C. § 9605. Sites on the NPL are eligible for federal funds
for long-term remediation, which most often includes groundwater remediation.
4.2.2.4 New Mexico Water Quality Act
The most important New Mexico law addressing water quality is the New Mexico Water Quality
Act (WQA), NMSA 1978, §§ 74-6-1 to 74-6-17. The New Mexico Legislature enacted the
WQA in 1967. The purpose of the WQA is “to abate and prevent water pollution.” Bokum Res.
Corp. v. N.M. Water Quality Control Comm’n, 93 N.M. 546, 555, 603 P.2d 285, 294 (1979).
The WQA created the Water Quality Control Commission to implement many of its provisions.
NMSA 1978, § 74-6-3. The WQA authorizes the Commission to adopt state water quality
standards for surface and groundwaters and to adopt regulations to prevent or abate water
pollution. NMSA 1978, § 74-6-4(C) and (D). The WQA also authorizes the Commission to
adopt regulations requiring persons to obtain from the NMED a permit for the discharge into
groundwater of any water contaminant. NMSA 1978, § 74-6-5(A). The Department must deny a
discharge permit if the discharge would cause or contribute to contaminant levels in excess of
water quality standards “at any place of withdrawal of water for present or reasonably
foreseeable future use.” NMSA 1978, § 74-6-5(E)(3). The WQA also authorizes the
Commission to adopt regulations relating to monitoring and sampling, record keeping, and
Department notification regarding the permit. NMSA 1978, § 74-6-5(I). Permit terms are
generally limited to five years. NMSA 1978, § 74-6-5(H).
Accordingly, the Commission has adopted groundwater quality standards, regulations requiring
discharge permits, and regulations requiring abatement of groundwater contamination. 20.6.2
NMAC. The water quality standards for groundwater are published at Sections 20.6.2.3100
through 3114 NMAC, and the regulations for discharge permits are published at Sections
20.6.2.3101 to 3114 NMAC.
An important part of these regulations are those addressing abatement. 20.6.2.4101 - .4115
NMAC. The purpose of the abatement regulations is to “[a]bate pollution of subsurface water so
that all groundwater of the State of New Mexico which has a background concentration of
10,000 milligrams per liter or less total dissolved solids is either remediated or protected for use
as domestic or agricultural water supply.” 20.6.2.4101.A(1) NMAC. The regulations require that
groundwater pollution must be abated to conform to the water quality standards. 20.6.2.4103.B
NMAC. Abatement must be conducted pursuant to an abatement plan approved by the
Department, 20.6.2.4104.A NMAC, or pursuant to a discharge permit, 20.6.2.3109.E NMAC.
In addition, the Commission has adopted standards for surface water. 20.6.1 NMAC. The
objective of these standards, consistent with the federal Clean Water Act (Section 4.2.2.1) is “to
establish water quality standards that consist of the designated use or uses of surface waters of
the [S]tate, the water quality criteria necessary to protect the use or uses[,] and an
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