Denver Prop 308 a Threat to Fishing, and Not Only for Denver

Photo courtesy of Denver Trout Unlimited

In September, CTU noted that the Denver Fur Ban was a threat to fishing, but now more information is available about the proponents’ intentions. A recent Outdoor Life article has several concerning statements and quotes.

The author reports, “Natalie Fulton, a spokesperson for Pro-Animal Future, is aware that the ban would include some materials commonly used in fly fishing. She says fly fishermen and others just need to adapt. (Conventional anglers would be affected as well since some lures, like bucktail jigs, call for the same natural materials.)”

In addition, this may not just be about Denver. Fulton is quoted as saying, “We would love to go statewide. We’re not going to stop fighting until fur is a thing of the past.”

Colorado Trout Unlimited urges a NO VOTE on Initiated Ordinance 308! Live outside of Denver? Tell your friends and family to VOTE NO!

Colorado TU encourages a YES vote on Proposition JJ

The Colorado Water Plan embraces four key values for our state’s vital water resources – a productive economy supporting vibrant cities, agriculture, recreation and tourism; efficient and effective infrastructure; supporting healthy watersheds, rivers, and wildlife; and an informed public with creative solutions for sustainable and resilient water systems.

Through Colorado Water Plan grants, the Colorado Water Conservation Board (CWCB) has been able to fund important projects advancing these goals – including TU collaborations with water users. For example, water plan grants are helping with our work to restore cutthroat in the Poudre Headwaters, to improve efficiency and reconnect habitat on tributaries to the Colorado River, and to develop infrastructure improvements along South Boulder Creek that allow fish passage and delivery of low flow releases to preserve instream flows.

Key funding for these grants comes through voter-approved Proposition DD in 2019, which allocates funding raised from sports betting in Colorado to support the water plan.  Proposition DD has generated nearly $77 million new dollars for water plan efforts in the past five years – benefiting our watersheds, farms, and communities.

Today, funding from this initiative is exceeding all original expectations – with revenues going over the original cap of $29 million per year. Proposition JJ will allow those extra dollars to be invested in the water plan; if it does not pass, those extra dollars will be returned to casinos and sports betting companies.

The Colorado legislature with bipartisan and near-unanimous support referred JJ to voters so that funds from sports betting can provide much-needed support for our state’s precious water resources.

Colorado TU encourages a YES vote on Proposition JJ

Denver Fur Ban Initiative a Threat to Fishing

Colorado TU is urging its members and supporters in the City and County of Denver to vote no on Initiated Ordinance 308 this year, the proposed Denver Fur Ban. While farming of fur bearing animals and sale of luxury fur apparel are not coldwater conservation issues, the proposed fur ban is written broadly and vaguely enough that it puts at risk the purchase or sale of fly tying materials and many flies and lures. That poses a threat to our fishing and tying members in Denver, and to our business partners in the fishing industry.

Those industry members are not just important in sustaining angling, they are stalwarts in funding fish conservation. The fishing industry many years ago agreed to federal excise taxes that are charged on all fishing tackle items sold in the U.S., with the proceeds from those taxes earmarked for grants to state fish and wildlife agencies to support their fishery management programs. The program, popularly known as Dingell-Johnson, is a critical source of funding for Colorado Parks and Wildlife and its peer agencies across the country. Every time an angler purchases a rod, a reel, and yes, a fly or fly tying materials – a part of that purchase helps fund conservation through grants to those state agencies.

Unfortunately, under initiated ordinance 308, it appears that sale and purchase of flies, lures, or fly tying materials including animal fur would be prohibited in Denver – including delivery to a Denver address from retailers located outside of the city. If 308 passes – Denver anglers will no longer be able to purchase those flies and lures, or materials with which to tie them at home, within the City and County of Denver.

Other groups beyond the fly fishing community have expressed concern about the effects of 308 due to its broad and vague wording, including the National Western Stock Show (where exhibitors sell items that include fur, such as traditional cowboy hats); and tribal interests who note that 308’s exemptions for tribal cultural purposes are narrowly written and would not apply to the majority of Native Americans.

While the measure would apply only in the City and County of Denver, Colorado TU encourages members across the state to take note as proponents of the fur ban have previously voiced their interest in using passage of a ban in Denver as a stepping stone to seeking a similar statewide initiative.

If you live in Denver – VOTE NO on Initiated Ordinance 308!

Protecting Trout and Water Quality on the Roan Plateau

TU volunteer leader Ken Neubecker fishing on East Parachute Creek.

Trout Unlimited has a long history of work for and on the Roan Plateau, northwest of Rifle. Home to outstanding big game habitat and some valuable native trout habitat. Protected above some spectacular waterfalls, the Roan is a fish and wildlife treasure deserving of protection.

Over decades, the Grand Valley Anglers (GVA) chapter has supported fencing, tree planting and habitat projects on Colorado River cutthroat trout streams atop the Roan; Colorado TU installed a fish barrier on the East Fork of Parachute Creek to facilitate native trout restoration in its headwaters, which was later connected to restoration down to East Fork Falls by Colorado Parks and Wildlife; and all levels of TU collaborated in opposing proposed widespread oil and gas leasing on the Roan, culminating in a settlement allowing limited leasing on a portion of the Plateau adjacent to existing oil and gas development on private lands.

Grand Valley Anglers volunteers started planting willows and cottonwoods along Trapper Creek on the Roan Plateau in the 1990s.

Just this spring, TU joined with other conservation partners to seek and secure an agreement with the holder of that more limited oil and gas lease for them to relinquish the lease – leaving the public lands atop the Roan free (for now) from the specter of new oil and gas drilling in its sensitive habitats.

At the same time, with thoughtful collaboration from an adjacent energy company landowner, Colorado TU staff and GVA have been collecting water quality information on the East Fork of Parachute Creek. Based on that data, and the stream’s importance as a native trout recovery habitat, TU and other conservation partners are seeking to designate the stream as an Outstanding Water through the Colorado Water Quality Control Commission. An “OW” designation offers the strongest protection for existing levels of water quality, preventing new permits that would lead to any decline from current high-quality conditions.

You can help today by signing on a petition to the Commission urging them to adopt OW designation for the East Fork of Parachute Creek, along with 17 other west-slope waters that have similarly been monitored by our conservation allies for their water quality and that support important water-dependent natural resources. You can see a map of the 17 watersheds proposed for this protection here, and can read and add your voice to our coalition petition by clicking here.

"Protect Colorado Waters" coalition praises House passage of House Bill 1379

Groups urge Senate to pass House Bill 1379, reject the weaker and more expensive Senate Bill 127

The Colorado House of Representatives today passed House Bill 1379, Regulate Dredge & Fill Activities in State Waters, to protect Colorado’s vulnerable wetlands and seasonal streams. The legislation now moves to the state Senate for consideration.

House Bill 1379 establishes protections for wetlands and streams that were previously in place under the federal Clean Water Act, but were eliminated by the Supreme Court last year. Without these protections, Colorado’s waters are currently at risk from pollution and degradation from industry and developers.

“We are supremely grateful to Speaker McCluskie, Representative McCormick and their House colleagues who passed House Bill 1379 today to restore protections for Colorado wetlands and seasonal streams,” said Josh Kuhn, Senior Water Campaign Manager, Conservation Colorado. “We worked with other stakeholders to pass more than 25 amendments to this bill. Now, we urge the state Senate to pass House Bill 1379 and reject the weaker and less protective Senate Bill 127.”

“We applaud the House members who voted in support of House Bill 1379, which creates a new program to protect vulnerable state waters from mining, development and other polluting industries. Protecting wetlands and small streams is vital to safeguarding the headwaters of Colorado’s nine major river basins, which are sources of drinking water for millions of people,” said Jennifer Peters, Water Policy Advisor, Clean Water Action.

“House Bill 1379 enjoys support from a broad range of environmental conservation organizations representing more than 275,000 residents, local elected leaders and Governor Polis. We urge the Senate to quickly pass this bill to show Coloradans they understand how important protecting wetlands is to our health, safety, wildlife and way of life,” said Suzanne O’Neill, Executive Director, Colorado Wildlife Federation.

“Colorado’s hunting and fishing community thanks Speaker McCluskie, Representative McCormick and all the House members who voted in support of House Bill 1379 which provides important safeguards for Colorado’s sporting heritage and economy, and fish and wildlife habitat,” said Alex Funk, Director of Water Resources, Theodore Roosevelt Conservation Partnership.

The coalition also voiced its strong opposition to Senate Bill 127, which is backed by the mining industry and other big polluters. Unlike the well-defined safeguards included in House Bill 1379, Senate Bill 127 lacks the parameters needed to protect Colorado’s waterways and wetlands. Instead, Senate Bill 127 creates loopholes and exceptions that could be exploited by industry, opening the door to pollution, threatening Colorado’s drinking water and increasing the likelihood of flooding as more wetlands would be destroyed.

“Water is our state’s most valuable natural resource. House Bill 1379 provides real safeguards to ensure those waters can safely benefit our economy for generations to come. As where Senate Bill 127 leaves much of Colorado's waters unprotected allowing industrial entities to destroy critically important wetlands and streams without an environmental review,” said Margaret Kran-Annexstein, Director, Colorado Sierra Club. “I think we all agree, and public polling demonstrates that Coloradans want real protections for their water, not a law that is riddled with loopholes that benefit industry.”

“Protecting water quality for our communities, fisheries and outdoor economy must start at the source: the wetlands and seasonal streams that shape the health of everything downstream. We are grateful to Speaker McCluskie, Rep. McCormick and all those who supported House Bill 1379 to ensure protection for our Colorado headwaters,” said David Nickum, Executive Director, Colorado Trout Unlimited.

“House Bill 1379 would restore critical protections to the state’s wetlands and streams. It ensures that Colorado has the ability to protect its water supply and wildlife habitat while also building resilience to climate change. We thank legislators in the House for passing House Bill 1379 and ask the Senate to do the same,” said Joro Walker, Senior Attorney, Western Resource Advocates.

The Protect Colorado Waters coalition urges the Senate to quickly pass House Bill 1379, and to vote against Senate Bill 127.

About the Protect Colorado Waters coalition:

The Protect Colorado Waters Coalition consists of 17 environmental conservation organizations, representing more than 275,000 Coloradans, who have come together to pass legislation in Colorado in response to the U.S. Supreme Court’s Sackett decision. The coalition’s goal is to restore the level of protections that existed prior to this decision, ensuring creation of a permitting program allowing for responsible development activities to occur without irreparable harm to Colorado’s wetlands and streams.

Members of the coalition include:

• Alamosa Riverkeeper

• Animas Riverkeeper

• Audubon Rockies

• Clean Water Action

• Conservation Colorado

• Colorado Sierra Club

• Colorado Trout Unlimited

• Colorado Riverkeeper

• Earthjustice

• Green Latinos

• Hispanics Enjoying Camping, Hunting, and the Outdoors (HECHO)

• Natural Resources Defense Council

• San Juan Citizens Alliance

• Theodore Roosevelt Conservation Partnership

• The Nature Conservancy

• Upper Green River Network

• Western Resource Advocates

Ask Your Representative to Protect Colorado's Wetlands and Waters - Vote YES on HB 24-1379

Speaker Julie McCluskie, with co-sponsors Senator Dylan Roberts and Representative Karen McCormick, has introduced state legislation (HB 24-1379)  that would restore critical protections to Colorado’s at-risk wetlands and waters.  The legislation was drafted in direct response to a U.S. Supreme Court decision last year to impose the biggest rollback of the Clean Water Act since its inception in 1972. The Court’s decision essentially eliminated protections for certain wetlands and other critically important waters, including streams that don’t flow consistently year-round.

Without state-level protections, many of Colorado’s critical wetlands and streams could be polluted, filled in, paved over, and destroyed without abiding by the Clean Water Act pollution control and mitigation requirements that have protected them for the past 50 years. Degradation of these wetlands and waterways can jeopardize fisheries, drinking water supplies, and other ecosystem benefits such as flood mitigation, wildfire resilience, and wildlife habitat.

HB 24-1379 will:

• Restore protection for critical Colorado wetlands and waters undermined by last year’s Supreme Court decision;

• Require impacts to be avoided, and only if they cannot be avoided, to be minimized and mitigated, with clear and consistent guidance for compensatory mitigation to ensure that watershed values and functions are maintained;

• Establish a fair and transparent permitting process, including general permits that can streamline approval for classes of activities (such as restoration) that have no or minimal adverse impacts; and

• Secure clear mechanisms for strong enforcement to protect Colorado wetlands and streams.

Colorado has lost about 50% of its wetlands to development since statehood, so protecting what remains is a necessity. Under the US Supreme Court decision, many of those wetlands could be lost or degraded, along with the approximately 24% of Colorado streams that run seasonally (intermittent) and 45% that flow only in response to rain or snow (ephemeral).

Please take a moment today to contact your State Representative and ask them to support HB 24-1379, and to oppose any amendments that would weaken its protection for Colorado’s wetlands and waters.  You can use the provided email template to send your comments, including editing to incorporate your own personal experiences with Colorado wetlands, headwaters, and feeder streams.

Help Good Samaritans Restore Mine-Impaired Streams

Nationwide there are an estimated 500,000 abandoned mines - mines with no one remaining that is responsible for clean-up – 33,000 of which are known to be causing environmental damage. More than 110,000 miles of streams are listed as impaired for heavy metals and/or acidity, and abandoned mines are a major source of these impairments due to acid-mine drainage with toxic metals, such as mercury, lead and arsenic.  Many willing partners could bring expertise and resources toward restoring these mines sites as Good Samaritan project managers, but are unable to do so because they could become liable for the underlying pollution from those mines - even though they were not responsible for creating the problem, only helping to improve it.

Under current law, Good Sams, including Trout Unlimited, can and do voluntarily undertake projects to clean up “non-point-source” abandoned mine pollution, such as moving contaminated waste rock piles away from streams. However, under the Clean Water Act, groups wanting to take on “point-source” mine cleanups—where toxic drainage is discharging directly from the mine opening —face daunting obstacles, including complicated permitting and long-term legal and financial liability for any remaining mine pollution. This has slowed Good Sam projects for such draining mines to a virtual standstill.

Fortunately, bipartisan leaders in the House of Representatives are working to enable Good Sams to tackle restoration without taking on such perpetual, open-ended liability.  Representatives Maloy (R-UT) and Peltola (D-AK) have introduced bipartisan legislation – HR 7779, the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 – which would establish a pilot program for the Environmental Protection Agency to issue permits to qualified nonprofit groups and other third parties to tackle cleanups of abandoned mine sites, in part by providing targeted, limited liability protection. Permits would make Good Sams responsible for their own actions and for completing cleanup work to the standards in their permits – but shield them from the large and perpetual liability for the mine’s pollution itself. This legislation mirrors a bill in the Senate that has 33 bipartisan cosponsors, including Senators Bennet and Hickenlooper.

The challenge of abandoned mines is very significant for Colorado. A study by the State Division of Reclamation Mining and Safety showed over 250 draining mines in Colorado with 148 likely degrading downstream water quality. The pilot program represents a vital first step in empowering Good Sam partners to help address these sites and improve water quality for the benefit of fish, wildlife, and downstream communities.

Please ask your Representative to support HR7779 and to cosponsor this bipartisan, common-sense legislation to help watersheds in Colorado and across the nation.  You can use our email template to share your comments, and customize your note if you wish by adding reference to specific waters that are important to you.

Protect the Thompson Divide – Speak Out for Trout Today

The Thompson Divide stands – as its name suggests – atop a drainage divide, with streams flowing toward the North Fork Gunnison, Crystal, Roaring Fork, and Colorado Rivers depending on which portion of the Divide you are standing. The area supports some of Colorado’s most pristine trout waters and critical habitat for big game. In his travels in western Colorado, President Theodore Roosevelt described the Thompson Divide as “great, wild country” and today it remains one of the largest expanses of roadless forest in Colorado. Trout Unlimited has been working for years to secure long-term protections for the Thompson Divide.

Today, you can help protect this valuable landscape from the impacts of oil and gas development. The US Forest Service is currently taking public comment through January 8 on its proposal to withdraw the Thompson Divide from mineral extraction for the next twenty years. Please visit the Forest Service’s online public comment page and voice your support for protecting the Thompson Divide.

The Forest Service issued a draft environmental assessment evaluating the proposal and with two identified alternatives:  Alternative A, which would keep existing leases in place but withdraw the area from new mineral entry for the next twenty years, and Alternative B, which would keep the area open to new oil and gas leasing.  The proposed withdrawal (Alternative A) would protect nearly 225,000 acres in the Thompson Divide, encompassing a total of 1,550 stream miles including 83 miles of native cutthroat trout streams, 12 acres of cutthroat lake habitat, and nearly four and a half miles of Gold Medal trout fishing waters along the Roaring Fork. TU supports Alternative A to protect these outstanding fishery resources and their watersheds.

The Forest Service comment page includes a basic form where you can provide your contact information and then enter your comments online.  Some points to consider sharing in your comments include:

·         Urge the Forest Service to adopt Alternative A to ensure protection of the outstanding habitats within the Thompson Divide.

·         Watersheds in the Thompson Divide support vital native trout habitat and feed some of Colorado’s most famed trout rivers including the Crystal, Roaring Fork and Colorado.  These areas not only support important fish habitats but also are a key driver of local economies.

·         The proposed withdrawal strikes an appropriate balance, respecting existing leases while ensuring that new leasing does not occur for the next 20 years and jeopardize the area’s critical habitat values.

·         Consider sharing any personal experiences you have with the Thompson Divide, or with the downstream waters that rely on it as a source of high-quality water.

While permanent protection of this area can only be achieved by an act of Congress, and TU continues to support passage of the CORE Act from Senators Bennet and Hickenlooper and Congressman Neguse, this withdrawal is a vital step in the right direction and will conserve the Thompson Divide for the next 20 years while we continue to work toward permanent protection.

Click below to visit the Forest Service public comment form and add your voice in support of protecting the Thompson Divide.

Virtual Q&A Session About the Importance of Restoring Clean Water Protections

Join CTU and Conservation Colorado’s virtual event for an educational discussion and Q&A session with water experts about the importance of restoring clean water protections in Colorado.

Colorado’s rivers, streams and wetlands lost federal protections after a decision from the U.S. Supreme Court earlier this year. Without these protections the state is at risk of decreased water quality and polluting fish and wildlife habitats.

Únete a nuestro evento virtual para una discusión educativa y una sesión de preguntas y respuestas con expertos en agua. Hablaremos sobre la importancia de restaurar las protecciones del agua en Colorado.

Los ríos, arroyos y humedales de Colorado perdieron las protecciones federales después de una decisión de la Corte Suprema de Estados Unidos a principios de este año. Sin estas protecciones, el estado corre el riesgo de sufrir una disminución de la calidad del agua y la contaminación de los hábitats de peces y vida silvestre.

Take Action – Protect Colorado Wetlands and Headwaters

On May 25th, the US Supreme Court issued a ruling in Sackett vs. EPA that sharply reduced Clean Water Act protections for wetlands that are vital to healthy and functioning watersheds. While not directly addressed, the decision also appears to put streams that don’t have year-round flow at risk of losing Clean Water Act protection as well.  Those ephemeral and intermittent streams represent a majority of Colorado’s waterways and are the sources that feed our larger rivers that support fisheries, as well as providing drinking water to our communities and supplies for agriculture. If we fail to protect water quality at its source, we cannot protect it downstream.

With federal protection for most of Colorado’s waterways jeopardized under the Court’s decision, we need the State to step up and ensure our waters remain protected. Please take a moment to ask Governor Jared Polis to ensure that the State takes on this responsibility so that state water quality protections are applied to keep our headwater streams and wetlands intact. With a strong State-level program, Colorado can continue to protect the high-quality water that we need for our fisheries, our communities, and our working landscapes.