Colorado’s Chance to Continue to Lead: Protecting All Waters Under Regulation 87

Colorado’s waters type a residing community—from alpine headwaters to abandon seeps to prairie sloughs to floodplain wetlands—the arteries of our state’s ecology, financial system, and communities. However at present, a lot of them are susceptible.

After the U.S. Supreme Courtroom’s Sackett v. EPA determination narrowed the scope of waters lined within the Clear Water Act, tons 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 legislation directs the Colorado Division of Public Well being and Atmosphere to develop Regulation 87, a program to allow “dredge-and-fill actions” resembling mining, reservoir building, and main infrastructure initiatives. Initiatives can 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 consists of 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 aware alternative: Colorado’s program can be complete, not only a restricted program to fill the hole created by Sackett. They acknowledged what science makes clear—that our waters are linked. Defending a river requires defending its tributaries, and safeguarding a wetland means supporting the hydrologic connections that maintain it. Defending all state waters—massive and small, intermittent and perennial—is the one method to preserve the integrity of the system.

Keep away from, Decrease, Mitigate—As a result of As soon as It’s Gone, It’s Gone

At its core, Regulation 87 carries ahead the enduring ideas of defending Colorado waters whereas balancing the necessity for infrastructure or growth: keep away from and decrease hurt every time doable, and mitigate unavoidable impacts. These aren’t bureaucratic hurdles however important guardrails. Wholesome wetlands and riparian programs buffer floods and drought, filter pollution, retailer carbon, and maintain wildlife and recreation. As soon as misplaced, they’re terribly troublesome and costly to revive or substitute. Colorado has already misplaced about 50 p.c of its wetlands because of growth 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 might function a blueprint for state-led water safety— grounded in science and collaborative governance somewhat than disaster response.

As droughts intensify, fires burn hotter, and floods turn into extra excessive, we want insurance policies that acknowledge the total hydrologic system and spend money on 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 danger and enhance water high quality for close by cities.

Colorado can paved the way, 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 programs, we don’t get them again.