Nomination of Headwater Wetlands as Outstanding National Resource Waters (ONRW) Maryann McGraw Wetlands Program Coordinator New Mexico Environment Department Outstanding National Resource Waters Tier 3 Waters: Antidegradation Policy No degradation shall be allowed in waters designated by the Water Quality Control Commission as Outstanding National Resource Waters Highest level of protection Exceptions Benefits of ONRW Designation Designation provides an important resource management tool, assuring the highest level of water quality protection for selected waters Designation can help protect water quality from activities that cause degradation More stringent requirements for point source discharges Best Management Practices (BMP) for non-point sources that ensure no new or increased discharges Designation can help prioritize resources for watershed improvements Eligibility Requirements for ONRWs Waters within national or state parks, wildlife refuges or wilderness areas, Special trout waters, Wild rivers designated under the federal Wild and Scenic Rivers Act, Waters with exceptional recreational or ecological significance, and High quality waters that have not been significantly modified by human activities. ONRW Impact on Preexisting Activities and Traditional Land Uses Preexisting activities such as grazing, and Acequia operation can be allowed so long as they are controlled by BMPs and do not cause new or increased discharge Activities that restore or maintain water quality are allowed – limited temporary degradation Temporary Degradation Temporary degradation is allowed: Forest management activities that use state or federal BMPs (controlled burns, thinning, etc.) Habitat restoration Watershed maintenance and restoration Natural disasters such as flooding or forest fires Projects can take as long as necessary to complete The degradation shall not alter the essential character or special use that makes the water an ONRW. New Land Use Activities Water Quality protection permits can be issued for new activities. Controls must be implemented to prevent existing water quality from being degraded. How Are ONRWs Designated? Anyone can nominate a surface water of the state for designation For Wetlands: A map including the location and boundaries A written statement of evidence based on scientific principals Baseline condition data if available Activities that the designation will protect against Discussion of benefits to the state including economic Public notice of petition How Are ONRWs Designated? A petition is filed with the Water Quality Control Commission Public outreach is conducted To ensure that the affected public is informed To include any additional information To address any concerns Full public hearing process is conducted Technical and public testimony encouraged Approved by the Water Quality Control Commission Wilderness and Roadless Area Initiative • On Earth Day 2008 Governor Bill Richardson announced the state’s intention to seek ONRW designation for surface waters within national forest wilderness and inventoried roadless areas in New Mexico. Photo – Pecos Wilderness USFS ONRW Designations in Western States Arizona – Many named creeks from its headwaters Colorado – Various streams and tributaries, lakes, reservoirs and wetlands Nevada – Primarily named headwaters and lakes Utah – All waters within Nat. Forests and outer boundaries of Nat. Forests whether public or private (exceptions) Wyoming – All waters in designated wilderness, National Parks, and many named rivers including all wetlands adjacent to Class 1 waters. Past ONRW Designations in New Mexico 2005 - Rio Santa Barbara (west, middle and east forks) within the Pecos Wilderness 2006 - Surface waters within the Carson National Forest Valle Vidal Special Management Unit. PETITION TO NOMINATE SURFACE WATERS IN FOREST SERVICE WILDERNESS AS OUTSTANDING NATIONAL RESOURCE WATERS Petitioners: New Mexico Environment Department New Mexico Department of Game and Fish New Mexico Energy, Minerals and Natural Resources Department PETITION TO AMEND ANTIDEGRADATION POLICY, IMPLEMENTATION PROCEDURES AND ISSUE GUIDANCE FOR NONPOINT SOURCE DISCHARGES IN AREAS DESIGNATED AS ONRW New Mexico Environment Department Public Comment Period 21 stakeholder meetings over two years Representatives from NMED, NM Game and Fish and NM Energy, Minerals and Natural Resources Departments Interagency Team met with other federal and local agencies, NGOs, tribes. Science review by NMSU Range Improvement Task Force Significant changes were made based on public input ONRW Nominated Waters Facts The volume of waters supplied by USFS lands is nearly half the total supply of all waters in New Mexico Protection of headwaters helps maintain downstream drinking water supplies, wildlife habitat and water for livestock, recreation users, agriculture and industry. ONRWs within the USFS Wilderness area means that water quality be given special consideration when making resource management decisions, and allows the State additional influence of those decisions. San Pedro Wilderness Headwater streams, lakes, and wetlands in 12 USFS wilderness areas in New Mexico were included in the Nomination. ONRW Nomination 700 miles of 192 perennial streams 29 lakes 5,400 acres of wetlands Middle Fork Gila Wilderness Cruces Basin Wilderness NWI Maps provided the data needed to include wetlands in the Nomination. Summary of Wetlands Testimony Ecological Functions by Wetland Type Headwater wetlands Isolated wetlands – sky islands Riverine wetlands Lacustrine fringe wetlands Hydrologic and biologic linkages to regional aquatic systems and regional aquifers Reference Standard wetlands Recreational significance Recreational Significance of ONRW Wetlands Wheeler Peak Wilderness Ecological Significance of ONRW Special Trout Waters Endangered fish Rare plants Gila River – Most Endangered River Middle Fork Gila Wilderness Antidegradation Policy Implementation Procedures (Regs) Some authorities cannot be delegated to an oversite Agency Nonpoint discharge procedures are addressed in Guidance for Implementation of Best Management Practices for ONRWs adopted by Commission Individual NPDES permit required Mining exploration requires full exploration permit Timeframe for Implementation • Requirements will be phased in to allow for public outreach, training and implementation Pecos Wilderness Thank You For more information: www.nmenv.state.nm.us/swqb.