Middle Rio Grande Regional Water Plan

antidegradation policy.” 20.6.4.6.A NMAC. The standards include designated uses for specific
bodies of water within the state, 20.6.4.50 to 20.6.4.806 NMAC; general water quality criteria,
20.6.4.13 NMAC; water quality criteria for specific designated uses, 20.6.4.900 NMAC; and
water quality criteria for specific bodies of water, 20.6.4.50 to 20.6.4.806 NMAC. The standards
also include an antidegradation policy, applicable to all surface waters of the state, to protect and
maintain water quality. 20.6.4.8 NMAC. The antidegradation policy sets three levels of
protection, closely matched to the federal regulations.
Lastly, the Commission has also adopted regulations limiting the discharge of pollutants into
surface waters. 20.6.2.2100 to 2202 NMAC.
4.2.2.5 New Mexico Drinking Water Standards
The New Mexico Environmental Improvement Act created an Environmental Improvement
Board, and it authorizes the Board to promulgate rules and standards for water supply. NMSA
1978, § 74-1-8(A)(2). The Board has accordingly adopted state drinking water standards for all
public water systems. 20.7.10 NMAC. The state regulations incorporate by reference the federal
primary and secondary drinking water standards, 40 C.F.R. parts 141 and 143, established by the
EPA under the Safe Drinking Water Act (Section 4.2.2.2). 20.7.10.100 NMAC, 20.7.10.101
NMAC.
4.2.2.6 Tribal Law
The Clean Water Act, discussed in Section 4.2.2.1, affords Native American tribes the same
status as states for purposes of implementing the Act’s regulatory and permitting programs.
Thus, a tribe can receive from EPA delegated authority to implement the Section 402 NPDES
permit program and the Section 404 dredge and fill permit program. 33 U.S.C. § 1377(e). A
tribe can also adopt water quality standards for EPA approval. Section 1377(e).
Several of the tribal nations within the Middle Rio Grande region have adopted water quality
standards under the federal Clean Water Act, and they monitor water quality on a regular basis.
• The Pueblo of Isleta adopted surface water quality standards on January 24, 1992,
amended March 18, 2002. They were approved by EPA on December 24, 1992.
• The Pueblo of Sandia has also adopted surface water quality standards, which EPA
approved on August 10, 1993. Sandia adopted revised standards on January 31, 2008,
approved by the tribal council on November 13, 2009. EPA approved the revised
standards on March 9, 2010.
• Laguna Pueblo has adopted surface water quality standards, which are set forth in the
Pueblo of Laguna Code, Title XI, Chapter 2 (Water Quality Standards) (May 21, 2013).
EPA approval of the standards is currently pending.
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