By Reid Baker
Hopeless. Irreversibly damaged. A river beyond repair.
These were the concepts and phrases uttered by organizations on one side of the room hoping to uphold the status quo ruling of 2020. These companies are monoliths of industry. Household names with deep pockets and much to gain. One, a company with Super Bowl ads.
On the other side, Trout Unlimited sat with a coalition of grassroots organizations, all largely volunteer supported, fighting for what they believed was anything but a lost cause: the future of the South Platte River and Clear Creek. Two streams that unite a multitude of communities and support a wealth of public recreational opportunities in the Colorado Front Range.
This hearing, held last month, was in front of the Water Quality Control Commission (WQCC), the governing body in charge of review and designation of water quality Antidegradation Classifications. Two years earlier, the WQCC downgraded stretches of the South Platte River and Clear Creek to Use Protected from their previous designation of Reviewable. These somewhat cryptic monikers carry big implications for any river.
When downgraded from Reviewable to Use Protected, companies with discharge permits could release more waste and contaminants into the drainage, and new polluters could more easily apply for permits to do the same. Permitted companies in this section include Suncor Energy, Metro Water Recover and Molson Coors. The latter two were vocal proponents of Use Protection at this September 2022 review meeting.
And in what could only be described as a powerful turn thought only to exist in cinematic underdog stories, the WQCC ultimately ruled in favor of the grassroots coalition by re-instituting the classification of reviewable. This status restores the requirement that industrial polluters adhere to specific guidelines aimed at protecting these two streams, both which have dramatically improved over the last several decades.
This major win for Trout Unlimited did not come without dedication, cooperation and leveraging a wide range of resources from multiple interested groups.
Colorado Trout Unlimited (CTU) and Denver Trout Unlimited (DTU) only became aware of the 2020 ruling after the standards were already rolled back to Use Protected, a sign that advocates for lowering protection standards worked quickly and quietly, hoping to avoid public scrutiny and detailed review.
If allowed to be maintained, this standard would be upheld until at least the next review period of 2025, and the river would undergo years of flimsy safeguards, undoing decades of improvement through tireless work and support from a variety of conservation groups. Furthermore, once designated Use Protected, the onus of returning protections would have to overcome years’ worth of precedent that only further allowed degradation. Simply put, a vicious circle and self-fulfilling prophecy.
DTU has spent decades committed to the South Platte River through its metro Denver stretches. The chapter has raised hundreds of thousands of dollars to put back into the river through improvement projects and cleanups. They also espouse a commitment to increasing the quality and quantity of water as it flows through the city. Use Protected designation would be a major, and possibly irreversible, setback in their central mission.
Each fall, DTU hosts their annual fundraising fishing tournament, Carp Slam, which just completed its 16th year. In this event, competitors from the metro, state and even around the US come to Denver to compete in the pro-am tournament to catch fish, mainly Common Carp, in the South Platte River and raise money to be invested into this unique urban resource.
But TU alone would likely not have been enough to press for resolution, and the organization needed additional allies for the cause. TU was fortunate enough to partner with Conservation Colorado, GreenLatinos and Western Resource Advocates to form a strong alliance of like-minded and passionate supporters. DTU and CTU worked hand and hand with these organizations to show the improvement these streams continue to undergo, along with their importance to the communities around the metro area. But even together, the campaign had much work to convince the WQCC the ruling of Use Protected warranted being overturned.
Proponents of the Use Protected status relied on a lynchpin rule that argued if one of 12 critical water quality parameters was deemed irreversible, then Use Protection status was warranted. The only standard of the 12 parameters the river could possibly exceed, however, was in relation to E Coli levels. If the group could prove that E Coli levels were sustained and permanent, the designation of Use Protected could be upheld.
The coalition of conservation groups knew that the E Coli argument was what opponents would lean heaviest on. Under the guidance of Trout Unlimited counsel Mely Whiting, TU hired PhD Katie Schneider from Schneider Water Consulting, LLC in Golden, CO, to conduct an independent water quality assessment of the South Platte River through the challenged sections. DTU utilized funds raised in the 2021 Carp Slam to pay for this analysis.
Dr. Schneider’s study ultimately determined that while E Coli certainly was at high levels, it did not maintain a level beyond repair, and could be alleviated through appropriate conservation measures. Of the 12 total critical water parameters, only E Coli was at a problematic level, while the 11 others were to degree that supported a river system worth protecting.
Through the clarity of accredited science, Clear Creek and the South Platte River were not in fact hopeless or beyond repair.
Armed with this study combined with the growing coalition of advocacy groups including several downstream municipalities, American Whitewater, Colorado Parks and Wildlife and the EPA, parties convened on September 12, 2022 to re-assess the 2020 Use Protection ruling. At the end of the day, Molson Coors and Metro Water Recovery could not prove against the findings, and within 24 hours the WQCC unanimously voted to restore the rivers to Reviewable status.
“We couldn’t be happier with today’s decision,” DTU President, Sam Agnew, said after the ruling. “It was an incredible coalition that made this possible. We proved that this river that flows right through downtown Denver is far from a lost cause so long as there are folks who are willing to stand up for it.”
“Trout Unlimited truly thanks the Commission for listening,” said Mely Whiting, Legal Counsel for Trout Unlimited’s Colorado Water Project. “This is a victory for the communities that live by and recreate in these urban streams, and whose members came out to ask that their home rivers be protected.”
It can be easy today to adopt a cynical view at times. That the system is too challenging to overcome, especially when it is backed by big money. Compared to publicly traded companies with in-house legal teams and plenty to lose, what chance does a handful of volunteers within a conservation nonprofit stand? Especially when already behind the 8-ball of an urban river with mixed public perception.
But sometimes David does beat Goliath. Sometimes the underdog does win after all. This isn’t just the plot of a feel-good TV drama. And while we should celebrate this win in the moment, what is more important to remember is that we all maintain this optimism and build a network of allies as TU members and chapters. There will be future battles on this and other issues. The next ruling on these standards is in 2025. We will have to pick up this torch at least once more. So until that time, stay positive, and remember what can be accomplished when we come together with our communities and stand behind our home waters.
