Colorado’s waters kind a residing community—from alpine headwaters to abandon seeps to prairie sloughs to floodplain wetlands—the arteries of our state’s ecology, economic system, and communities. However right now, a lot of them are susceptible.
After the U.S. Supreme Court docket’s Sackett v. EPA determination narrowed the scope of waters lined within the Clear Water Act, lots of of hundreds of acres of wetlands and miles of small streams not fall beneath longstanding federal protections. In response, Colorado legislators took a dynamic bipartisan step ahead in 2024 by passing HB24-1379 to revive safeguards to those wetlands and streams—making Colorado the primary state within the nation to undertake such protections.
The regulation directs the Colorado Division of Public Well being and Setting to develop Regulation 87, a program to allow “dredge-and-fill actions” reminiscent of mining, reservoir development, and main infrastructure initiatives. Initiatives will likely be required to keep away from and decrease hurt to wetlands, after which require mitigation of unavoidable impacts. This strategy mirrors the federal 404 dredge-and-fill program, though HB24-1379 contains provisions tailor-made to Colorado wants.
The rulemaking will happen subsequent month (Dec. 8–10). What occurs in these three days will decide whether or not Colorado really protects the integrity of its rivers and wetlands—or opens new gaps that depart them uncovered to unregulated filling or dredging.
A Complete Imaginative and prescient, Not a Patchwork
Lawmakers made a acutely aware selection: Colorado’s program could be complete, not only a restricted program to fill the hole created by Sackett. They acknowledged what science makes clear—that our waters are related. Defending a river requires defending its tributaries, and safeguarding a wetland means supporting the hydrologic connections that maintain it. Defending all state waters—giant and small, intermittent and perennial—is the one option to preserve the integrity of the system.
Keep away from, Reduce, Mitigate—As a result of As soon as It’s Gone, It’s Gone
At its core, Regulation 87 carries ahead the enduring rules of defending Colorado waters whereas balancing the necessity for infrastructure or improvement: keep away from and decrease hurt every time potential, and mitigate unavoidable impacts. These aren’t bureaucratic hurdles however important guardrails. Wholesome wetlands and riparian techniques buffer floods and drought, filter pollution, retailer carbon, and maintain wildlife and recreation. As soon as misplaced, they’re terribly tough and costly to revive or exchange. Colorado has already misplaced about 50 % of its wetlands because of improvement since statehood, so defending what stays is crucial.
A Mannequin for the Intermountain West
Different states throughout the Intermountain West are watching carefully and Colorado’s strategy may function a blueprint for state-led water safety— grounded in science and collaborative governance relatively than disaster response.
As droughts intensify, fires burn hotter, and floods change into extra excessive, we want insurance policies that acknowledge the complete hydrologic system and put money into pure infrastructure—the wetlands, fens, and riparian zones that defend and assist us.
Why This Issues to All of Us
This isn’t nearly fish, frogs, and even birds—although these species are the canaries of ecosystem well being. It’s about public security, clear consuming water, agricultural resilience, and financial stability. The identical wetlands that cradle a Yellow Warbler’s nest additionally scale back downstream flood threat and enhance water high quality for close by cities.
Colorado can prepared the ground, displaying the remainder of the West that safeguarding water means defending all of it—from the smallest spring to the biggest river. As soon as we lose these techniques, we don’t get them again.
