Tribal Coordination & NMPDES

Tribal lands in New Mexico are not subject to state jurisdiction — they fall under federal and tribal authority. However, projects on state or private land that could affect tribal waters must still consider tribal water quality standards and coordination requirements under the NMPDES program.

Jurisdictional Overview

• On tribal land: EPA retains NPDES authority; state NMPDES permits do not apply
• Off tribal land, upstream of tribal waters: NMPDES permits may include additional conditions to protect downstream tribal water quality
• Tribes with Treatment as State (TAS): Some NM tribes have established their own water quality standards that may be more stringent than state or federal standards

When Tribal Coordination Is Required

NMED may require tribal consultation or notification when a proposed discharge could affect:

• Waters that flow onto or through tribal lands
• Sacred sites, cultural resources, or ceremonial water uses
• Drinking water sources on tribal lands
• Aquatic ecosystems important to tribal subsistence

Best Practices for Operators

• Identify all downstream tribal lands early in project planning
• Contact NMED Surface Water Quality Bureau for guidance on tribal coordination requirements
• Implement enhanced BMPs for projects upstream of tribal waters
• Document all tribal coordination efforts in your SWPPP
• Consider voluntary consultation with affected tribes even when not formally required

Key Tribal Water Quality Programs in New Mexico

Several New Mexico tribes have developed their own water quality standards and monitoring programs, including the Pueblo of Isleta, Pueblo of Sandia, and the Navajo Nation. Discharges that could affect these waters may need to meet the more stringent of state or tribal standards.