WildEarth Guardians

Wednesday, October 9, 2013
New Mexico Supreme Court Upholds Sweeping Water Protections

Cattle Growers' Last Legal Stand "Quashed"
Contact: Bryan Bird 505 699-4719

Additional Contact:

Samantha Rusgavage-Barz, Counsel, (505) 440-7158

Santa Fe, NM –The New Mexico State Supreme Court has ended an extended legal challenge by the New Mexico Cattle Grower’s Association to the state’s clean water rules enacted in 2010. Despite support from thousands of New Mexicans, six cities on the Rio Grande and a special exemption from the rules, the Cattle Growers took their beef all the way to the Supreme Court. The justices unanimously “quashed” the Cattle Grower’s final legal move.

“Ensuring clean water from our forests in New Mexico in the face of drought and climate change is a popular idea,” said Bryan Bird with WildEarth Guardians. “Governor Bill Richardson’s administration recognized this and protected our headwaters.”

The New Mexico Water Quality Control Commission in 2010 gave far-reaching protection to over 700 miles of 199 perennial rivers and streams, 29 lakes, and approximately 6,000 acres of wetlands affecting close to 1.4 million acres of land. The Commission designated each water body as an “Outstanding Water”, the Clean Water Act’s most protective designation.

“Rather than issuing an opinion on the merits, the Court said there was no issue to begin with and it was a mistake to entertain the Cattle Growers,” said Samantha Ruscavage-Barz, WildEarth Guardians’ counsel. “In doing so, the Court didn't disturb any of the existing case law on standing or intervention.”

The designation – asserting state’s rights - offers significant protection of clean waters and wild forests, prohibiting any degradation from activities such as livestock grazing, logging, off-highway vehicles, mining, and energy development.  National Forest wilderness areas currently not grazed by domestic livestock – almost 800,000 acres in all – can be expected to remain that way with the Outstanding Waters designation.

“The state supreme court determined the Outstanding Waters is the law of the land,” said Bird. “With the legal battles behind us, we can now move forward to protect and restore our National Forest watersheds.”

In New Mexico, there are close to 1.6 million acres of undeveloped, roadless forestlands and nearly 1.4 million acres of U.S. Forest Service wilderness. With half - more than 3,000 miles - of New Mexico’s perennial rivers and streams currently polluted or not meeting surface water quality standards—mostly downstream of headwaters—it is critical to protect headwater streams and guarantee a clean water future for New Mexico.

See our Outstanding Waters Milestone page here.