In December, the Water High quality Management Fee voted to undertake Colorado’s first-ever dredge and fill allowing program. Colorado made historical past. After greater than a 12 months of quite a few public conferences and a three-day listening to that introduced collectively environmental teams, water suppliers, business, agriculture, and group voices, the nine-member Water High quality Management Fee (WQCC) voted to undertake Colorado’s first-ever dredge and fill allowing program. This new program, now adopted as Regulation 87, restores protections for wetlands and streams left susceptible by the U.S. Supreme Courtroom’s Sackett v. EPA determination, which narrowed Clear Water Act protection and left tons of of hundreds of acres of wetlands and hundreds of miles of small streams with out long-standing federal safeguards from dredge and fill actions.
Colorado is now the primary state within the nation to totally rebuild these protections. Audubon is proud to have shaped and supported the draft Regulation 87 offered to the WQCC by the Colorado Division of Public Well being and Surroundings, and so grateful for our Defend Colorado Waters Coalition companions, and the tons of of Coloradans who raised their voices for the safety of wetlands, streams, rivers, birds, and different wildlife.
To each Audubon supporter who signed our petition, submitted feedback, spoke within the listening to, or adopted three lengthy days of proceedings—thanks. Your voices have been a strong pressure for birds and conservation, and also you made a distinction.
Key Wins for Colorado’s Waters in Regulation 87
Working collectively, we helped safe key victories:
- Stronger protections for susceptible wetlands and streams, together with clear language that forestalls broad loopholes round an exclusion for wetlands adjoining to and supported by ditches and irrigation infrastructure.
- Stronger compensatory mitigation necessities, together with a significant win guaranteeing that losses of ephemeral streams require not less than 1:1 substitute.
- Improved venture options evaluation, which helps to make sure venture designs keep away from and reduce hurt as a lot as practicable.
- Clearer, extra environment friendly allowing pathways, benefitting each conservation and venture proponents. Moreover, our request to create a lowered allow price for voluntary stream restoration initiatives was accepted, which lowered the price from $4,320 to $500 for such initiatives.
- Defending voluntary stream restoration capabilities in ephemeral streams which can be being carried out solely for ecological enchancment.
A Basis for the Future
Audubon labored hand in hand with our Defend Colorado Waters companions to safe this final result. As we researched testimony, analyzed dense regulatory language, and supported the state companies tasked with finishing up the legislation, one theme emerged many times: we introduced individuals with us. That’s how conservation wins are made.
Colorado’s new state program, which fits into impact this 12 months, ensures that these waters is not going to be misplaced silently or irreversibly. These guidelines at the moment are extra necessary than ever. The federal authorities just lately proposed further narrowing of protections that would depart a overwhelming majority of Colorado’s wetlands and streams with out federal protections. At this essential second, Colorado’s program is now the state’s important backstop.
Whereas the Fee finally selected to not embrace a public curiosity overview—a device lengthy utilized by the US Military Corps of Engineers—the rule total represents a significant step ahead for Colorado’s wildlife habitat, water, and local weather resilience. This achievement wouldn’t have been potential with out the management of Speaker Julie McCluskie, Consultant Karen McCormick, and Senator Dylan Roberts, who championed the bi-partisan HB24-1379, nor with out the tireless efforts of CDPHE workers and the considerate—typically grueling—work of the Fee.
Thank You
To everybody at CDPHE and the Water High quality Management Fee: thanks on your professionalism, endurance, and dedication to navigating a fancy and high-stakes rulemaking.
To our Defend Colorado Waters companions for bringing our group collectively: our collective scientific, technical, and authorized experience, collaboration, convening, and perseverance made the distinction.
Most of all, thanks to everybody who confirmed up. We got here collectively as scientists, advocates, landowners, recreationists, native governments, and group members—and we proved what’s potential when Coloradans unite round defending the locations that maintain communities and birds. Audubon will keep engaged as implementation begins, guaranteeing this new program delivers ecological advantages for individuals, wildlife, and the waters that join us all.
