Ecos To Sue N.M. Over
Ag Water Exemptions

SANTA FE, N.M. — Environmental activists — surprise — are vowing to sue over a bill signed into law this month by New Mexico's governor exempting irrigation and flood control activities from state water quality standards.

Earlier this month, Gov. Gary Johnson signed into law an amendment to the New Mexico Water Quality Act which exempts all irrigated agriculture and flood control activities from compliance with state water quality standards. The new law expands a pre-existing exemption for sediment, turbidity and dissolved oxygen to include temperature and dissolved solids.

Environmental activists claim that because return flows from agricultural fields are one of the main sources of pollution, the law prevents attainment of state and federal water quality standards in New Mexico's Rio Grande, San Juan and Pecos rivers.

The U.S. Environmental Protection Agency has written the state insisting that the previous, more limited exemption is in conflict with the Clean Water Act, and its implementing regulations and must be removed from New Mexico standards.

John Horning with the Santa Fe-based Forest Guardians says he intend to file suit to force the state to revoke the exemption.