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New Mexico Gov. Bill Richardson (D) nominated more than 5,000 miles of streams in five national forests as "Outstanding National Resource Waters" this week. While environmental groups applauded the move, industry groups expressed concern that the designation, if finalized, could add a new layer of red tape to projects proposed near streams. Meanwhile, the implications of such a designation for forest management remain unclear.

Richardson, who has refocused his energies on New Mexico issues since bowing out of the presidential race in January, announced the nominations on Earth Day. If the state finalizes the designation -- the nominations need to be vetted by the Water Quality Control Commission -- about 5,340 miles of the state's waters would receive special protection against degradation under New Mexico's water quality standards and the federal Clean Water Act.

"This initiative will provide the highest level of water quality protection possible for more than 5,000 miles of beautiful rivers and streams," Richardson said in a statement. "This ensures that these pristine waters -- including world-class trout fishing areas and vital drinking water supplies -- will remain clean for the next generation to enjoy."

The governor, who invoked an "Outstanding National Resource Waters" designation two years ago as part of his fight to defeat proposed natural gas drilling in the Valle Vidal in Carson National Forest, also said he hopes protecting the waters in five national forests -- Carson, Cibola, Gila, Lincoln and Santa Fe -- would also help protect the national forests they flow through. Richardson, who served as Energy Secretary under President Bill Clinton, has been critical of the Bush administration's reworking of Clinton's roadless rule.

If the state's Water Quality Control Commission approves the designation, which observers say is likely, New Mexico will become the fifth Western state to assert authority over surface waters in national forests. Colorado, Utah, Montana and Wyoming have issued similar designations.

Bryan Bird, wild places program director for WildEarth Guardians, applauded the designation, which he said would allow the state to have more input on projects on national forest lands that could affect streams.

"This is the source of much of our drinking water and our agricultural water, so the state should have a say," he said.

While more than 3,000 miles of New Mexico's perennial rivers and streams do not meet surface water quality standards, most of the state's headwaters do. According to the state, less than 10 percent of headwaters in New Mexico are considered to be impaired. The ONRW designation will ensure water quality of those headwaters will be maintained, Bird said, adding that the new protections could help keep out oil and gas drilling, logging and other activities.

Implications for energy development, forests

That is exactly what concerns Karin Foster, director of governmental affairs for the Independent Petroleum Association of New Mexico. She said that while she does not know the details of the nominations, she worries that Richardson's move could make it more difficult to conduct oil and gas operations on federal lands near streams.

"I don't think it would impact us that much, but there are remote areas where we do oil and gas drilling," Foster said. "If he's not going to allow access, you're taking land out of play."

The industry is already in a tussle with the state over the Oil Conservation Division's new regulations for waste pits, she noted (Land Letter, Oct. 25, 2007).

James Payne, a spokesman for the Forest Service's Southwest region, said the agency had not yet had a chance to examine the nominations and determine what, if any, implications the potential designation may have for forest management. He did say that the Forest Service "looks forward to working with the state and the New Mexico Water Quality Control Commission to identify any waters that would benefit from the designation."

According to state documents, an ONRW designation does not limit "ongoing, customary activities" as long as they do not degrade water quality from the condition at the time of designation. Furthermore, under the state's antidegradation policy, pollution from pre-existing activities authorized by federal or state law before an ONRW designation is not considered to be a source of degradation if it is controlled.

States have the authority to designate ONRWs under EPA regulations promulgated under the Clean Water Act. Eligible waters include those within a national or state park, wildlife refuge or wilderness area, "special trout waters," waters with recreational or ecological significance, and "high quality waters" that have not been significantly modified by human activities.

New Mexico Environment Department Secretary Ron Curry said the next step is for the agency to collaborate with other state agencies to conduct the "intense work" and public process that will pave the way for the designation. NMED plans to hold public meetings around the state as part of that process, he added.

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