Summary of New Mexico's Water Reuse Guideline or Regulation for Onsite Non-potable Water Reuse

This page is part of the EPA’s REUSExplorer tool, which summarizes the different state level regulations or guidelines for water reuse for a variety of sources and end-uses.
The source water for this summary is Onsite Collected Waters.

On this page:

• Technical basis
• Types of onsite non-potable reuse approved for use in New Mexico
• Water reuse category/type
• Additional context and definitions
• Onsite non-potable reuse specifications
• Upcoming state law or policy
• References
• Disclaimer

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This page is a summary of the state’s water reuse law or policy and is provided for informational purposes only. Please always refer to the state for the most accurate and updated information. 

In New Mexico, onsite non-potable water reuse onsite non-potable water reuse The use of treated onsite collected waters for non-potable purposes at the single-building or district scale. This reuse application excludes the use of recycled water from a centralized treatment and distribution system for landscape irrigation or commercial uses. include irrigation and toilet flushing, among others. The source of water (onsite collected waters) onsite collected waters Water sources generated within or surrounding a building, residence, or district. Other terms referring to this source of water include onsite collected stormwater or rainwater, greywater, blackwater, air conditioning condensate, and foundation water. is specified by the state as graywater. The write-up uses state terms when discussing sources or uses of water that may differ from the Regulations and End-Use Specifications Explorer's (REUSExplorer's) terms.

Technical basis

New Mexico approves the onsite non-potable reuse of graywater for toilet flushing, non-spray landscape irrigation and composting (N.M. Code R. § 20.7.3). All applicable provisions of the Clean Water Act (CWA) (33 U.S.C. §§ 1251 et seq.), including its implementing regulations, must be met in addition to any state water quality standards. Treatment of graywater is not required in New Mexico provided the water is restricted to the uses specified. All graywater is to be utilized within 24 hours of collection to prevent the growth of bacteria, unless additional treatment is provided (N.M. Code R. § 20.7.3). A gray water storage tank must be covered to restrict access and to eliminate habitat for mosquitoes or other vectors.

Types of onsite non-potable reuse approved for use in New Mexico

N.M. Code R. § 20.7.3 defines the following approved onsite non-potable uses for graywater:

• Irrigation of household flower gardening, 
• Composting, 
• Landscape irrigation (but not sprayed), 
• Toilet flushing.  

New Mexico does not require a permit for applying less than 250 gallons per day of private residential graywater originating from a residence for the resident’s household gardening, composting or landscape irrigation (N.M. Code R. § 20.7.3), provided that a series of straightforward criteria are met (New Mexico OSE, n.d.).

Water reuse category/type

New Mexico does not assign graywater used for onsite non-potable reuse to a category or class.

Additional context and definitions

New Mexico defines graywater as “untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks, dishwashers or laundry water from the washing of material soiled with human excreta, such as diapers” (N.M. Code R. § 20.7.3). The New Mexico Environmental Improvement Board uses “graywater” and “gray water” interchangeably (N.M. Code R. § 20.7.3; N.M. Stat. Ann. § 74-6).

Onsite non-potable reuse specifications

New Mexico does not have explicit fit-for-purpose specifications for onsite non-potable water reuse applications.  

Upcoming state law or policy

NMED has proposed supplemental requirements for water reuse (20.6.8 NMAC) including produced water and will accept public comment through December 1, 2023. 

References:

Clean Water Act, 33 U.S.C. §§ 1251 et seq.

Liquid Waste Disposal and Treatment, N.M. Code R. § 20.7.3.

New Mexico Office of the State Engineer (OSE). n.d. [Accessed on 2/23/21]. New Mexico Graywater Guide.

Water Quality, N.M. Stat. Ann. § 74-6.

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Disclaimers

Please contact us at waterreuse@epa.gov if the information on this page needs updating or if this state is updating or planning to update its laws and policies and we have not included that information on the news page.