On May 29, 2024, in Silverthorne, Governor Polis officially signed into law HB 24-1379, making Colorado the first state to legislatively restore state protections to waters and wetlands that lost federal protection when the Supreme Court removed long-standing Clean Water Act jurisdiction from many wetlands and seasonal streams.
The 2023 U.S. Supreme Court decision in Sackett v EPA created the largest rollback of protection under the Clean Water Act in that law’s 50+ year history. While Colorado had strong state-level protections for point-source discharges such as from an industrial or water treatment facility, the Sackett decision potentially left many Colorado wetlands and seasonal streams at risk of being dug out or filled in – Colorado had no program equivalent to Section 404 of the Clean Water Act that handled permitting for dredge and fill activities in waters of the United States.
Now, thanks to Governor Polis and HB 24-1379’s dedicated sponsors (Speaker of the House Julie McCluskie, House Ag Committee Chair Rep. Karen McCormick, and Senate Ag Committee Chair Sen. Dylan Roberts), Colorado’s wetlands and headwater streams are again protected.
Some of the key provisions in HB 24-1379 include:
· Directs that the standard of protection used for Colorado wetlands will be at least as strong as previously existing federal criteria, and can be made stronger if necessary to maintain the integrity of Colorado’s waters.
Establishes a new dredge and fill permitting program housed with the Water Quality Control Division/Commission, and with measures in place to ensure the agency secures additional staff and funding if needed to ensure the timely processing of permits.
Establishes a statewide general permit for “isolated wetlands” beyond 1500 feet from rivers, which includes best management practices to ensure protection of water quality. This was a key issue given the important role such wetlands play as natural filters maintaining downstream water quality.
The end result is a model for other states to emulate in the aftermath of the Supreme Court’s decision, and is arguably the most significant water quality legislation that Colorado has seen since the original 1973 passage of the Colorado Water Quality Control Act. Colorado TU thanks Governor Polis, Speaker McCluskie, Rep. McCormick, and Sen. Roberts for their exemplary work in protecting headwaters, wetlands, and water quality for Colorado.
