WildEarth Guardians

Monday, May 9, 2011
Cattle Growers Fight Clean Water Rules in New Mexico

Hearing in Santa Fe to Consider a Stay of Outstanding Waters
Contact: Bryan Bird (505)-988-9126 x1157

Santa Fe—New Mexico Cattle Growers Associations will argue Tuesday for a stay of Governor Richardson’s Outstanding Waters rule. The New Mexico Water Quality Control Commission will hear from parties in favor of the clean water rule as well. The Cattle Growers believe that 30 of their members that graze cattle in New Mexico’s Wilderness will be unduly harmed by the rule while the state, conservationists, and sportsmen think it widely benefits New Mexican’s.

WildEarth Guardians intends to vigorously defend the outstanding waters rule before the Commission. The organization has advocated for stronger water protection rules in New Mexico since Governor Richardson announced the protective measure on Earth Day in 2008.

“Clean water for all New Mexicans makes common sense.” said Bryan Bird, Program Director with WildEarth Guardians. “If these ranchers cannot do business on our public lands without polluting the water for everyone downstream, perhaps we should reconsider this practice.”

The Commission’s guidelines plainly state that it will only grant a stay for “good cause,” a determination based on:

(1) the likelihood that the movant will prevail on the merits of the appeal;
(2) whether the moving party will suffer irreparable harm if a stay is not granted;
(3) whether substantial harm will result to other interested persons; and
(4) whether harm will ensue to the public interest.

The Cattle Growers will have a difficult case to make as numerous cities on the Rio Grande, conservation and sportsmen’s organizations, as well as thousands of citizens support the state's Outstanding Waters designation. Proving that a handful of ranchers’ in Wilderness Areas interest outweighs the general public’s will be close to impossible. Though New Mexico lagged behind other western states such as Colorado, Utah and Montana in using the Outstanding Waters designation to protect headwaters, the designation for wilderness and contiguous roadless areas makes New Mexico a leader in the West in using the Clean Water Act to protect the state’s waters.

In December 14, 2010, the New Mexico Water Quality Control Commission designated over 700 miles of 199 perennial rivers and streams, 29 lakes, and approximately 6,000 acres of wetlands in Forest Service Wilderness Areas as Outstanding. On January 7, 2011 the New Mexico Cattle Growers Association filed a motion to stay the Commission’s decision.