When Coloradans Spoke Up, Protections Followed

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 yr 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 Court docket’s Sackett v. EPA determination, which narrowed Clear Water Act protection and left a whole bunch of 1000’s of acres of wetlands and 1000’s 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 Setting, and so grateful for our Shield Colorado Waters Coalition companions, and the a whole bunch 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 had been a strong drive 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 no less than 1:1 alternative.
• Improved challenge options evaluation, which helps to make sure challenge designs keep away from and decrease hurt as a lot as practicable.
• Clearer, extra environment friendly allowing pathways, benefitting each conservation and challenge proponents. Moreover, our request to create a decreased allow price for voluntary stream restoration initiatives was accepted, which decreased the price from $4,320 to $500 for such initiatives.
• Defending voluntary stream restoration capabilities in ephemeral streams which might be being carried out solely for ecological enchancment.   

A Basis for the Future

Audubon labored hand in hand with our Shield Colorado Waters companions to safe this end result. As we researched testimony, analyzed dense regulatory language, and supported the state businesses tasked with finishing up the legislation, one theme emerged time and again: we introduced folks with us. That’s how conservation wins are made.

Colorado’s new state program, which works into impact this yr, ensures that these waters won’t be misplaced silently or irreversibly. These guidelines at the moment are extra vital than ever. The federal authorities lately proposed extra narrowing of protections that would depart a overwhelming majority of Colorado’s wetlands and streams with out federal protections. At this vital second, Colorado’s program is now the state’s important backstop.

Whereas the Fee in the end selected to not embody a public curiosity overview—a device lengthy utilized by the US Military Corps of Engineers—the rule general represents a significant step ahead for Colorado’s wildlife habitat, water, and local weather resilience. This achievement wouldn’t have been doable 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—usually grueling—work of the Fee.

Thank You

To everybody at CDPHE and the Water High quality Management Fee: thanks to your professionalism, endurance, and dedication to navigating a posh and high-stakes rulemaking.

To our Shield 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 doable 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 folks, wildlife, and the waters that join us all.