- New laws safeguard freshwater by promoting brackish water use.
- Surface water protections restored after 2023 Supreme Court ruling in Sackett (Waters of the US).
- PFAS-containing products to be phased out starting in 2027.
- Firefighting foams with PFAS now classified as hazardous waste.
- Legislation aligns with New Mexico’s 50-Year Water Action Plan.
Friday, April 11, 2025 — In a sweeping move to protect its water resources and public health, New Mexico Governor Michelle Lujan Grisham signed multiple bills on Monday aimed at securing long-term water sustainability and addressing the threat of toxic PFAS chemicals.
“Today marks a turning point for New Mexico’s water future,” said Gov. Lujan Grisham
, emphasizing that the newly signed Strategic Water Supply program will “unlock economic opportunities by providing brackish water for manufacturing and clean energy development, while preserving our freshwater for other vital uses.”
Strategic Water Supply Program Targets Sustainability.
House Bill 137 establishes the Strategic Water Supply program, enabling the treatment and use of brackish water — naturally salty groundwater — to support manufacturing and clean energy while conserving freshwater. The bipartisan legislation was sponsored by Rep. Susan K. Herrera, Sen. George K. Muñoz, Sen. Craig W. Brandt, Rep. Raymundo Lara, and Rep. Rod Montoya.
“House Bill 137 represents a new day for New Mexico’s water future,” said Rep. Herrera. “This legislation was a heavy lift that required much communication, debate, and collaboration.”
The law also funds local brackish water projects and provides new support for aquifer mapping — key elements in the state’s long-term water planning.
State Regains Authority over Surface Waters.
Senate Bill 21, sponsored by Senate Majority Floor Leader Peter Wirth and others, modernizes the Water Quality Act in response to the 2023 Sackett v. EPA decision, which narrowed federal jurisdiction over many U.S. waterways.
“Senate Bill 21 finally gives New Mexicans control over the quality of our surface water,” said Sen. Wirth. “This legislation represents a monumental achievement that ensures our intermittent streams and wetlands will be protected for generations to come.”
The bill restores protections to 90–95% of state waterways left vulnerable after the Supreme Court ruling. It also prepares the state to seek federal authorization to run its own surface water permitting program.
Rep. Kristina Ortez, a House sponsor, noted, “This critical legislation ensures decisions on New Mexico’s water future will be made here, by those who know these waters best.”
Crackdown on PFAS Chemicals Begins.
Also signed into law were two bills targeting toxic per- and polyfluoroalkyl substances (PFAS, known as “forever chemicals”), which are linked to cancer, thyroid issues, and reproductive harm.
House Bill 212 phases out the sale of products with intentionally added PFAS, including cookware, food packaging, and juvenile items, starting in 2027. By 2032, most non-exempt products containing PFAS will be banned.
“Addressing PFAS is one of the most important environmental issues of our time,” said Rep. Dayan Hochman-Vigil, noting the collaboration needed to advance the legislation. The bill includes consumer labeling, limited exemptions, and restrictions on PFAS-laden firefighting foams except in emergencies.
Sen. Jeff Steinborn added, “This proactive, visionary legislation will make our state safer, protect our environment and wildlife, and demonstrates our commitment to stopping pollution before it happens.”
PFAS Firefighting Foam Declared Hazardous Waste.
House Bill 140, also sponsored by Sen. Steinborn along with Rep. Christine Chandler, designates PFAS-containing firefighting foam as hazardous waste. This allows New Mexico to regulate its disposal and hold polluters accountable — a key concern near military bases like Cannon and Holloman.
“This designation will particularly protect our military communities,” said the press release.
Gov. Lujan Grisham stressed the economic and environmental benefits: “These bills ensure clean water for generations while strategically positioning New Mexico for sustainable economic growth.”
Forward Momentum.
All of the new laws support the broader goals of the governor’s 50-Year Water Action Plan — a roadmap for water sustainability in a region increasingly affected by drought, population growth, and legal uncertainties.
Environment Secretary James Kenney underscored the urgency: “Our comprehensive laws establish consumer protections while addressing firefighting foams polluting our military communities.”
New Mexico’s latest legislative actions place it among the leading states proactively addressing water management and chemical contamination in the wake of changing federal standards.
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IMAGE:
Petroglyph in Petroglyphs National Monument, Albuquerque, NM
. September 2008 by Daniel Schwen. Licensed under the Creative Commons Attribution-Share Alike 4.0 International license.
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