On May 27, the EPA and Army Corps of Engineers issued new Clean Water rules that restore long-standing protections to headwater streams and adjacent wetlands under the Clean Water Act. The rules are a balanced package that maintains long-standing Clean Water Act exemptions for standard farming practices, while clarifying that the Act's protections extend to the tributary streams and wetlands that shape the quality and health of downstream rivers. These waters were historically protected under the Clean Water Act until two politically charged Supreme Court decisions in the 2000s put them into regulatory limbo. The court ruled that there must be a proven nexus between these small, sometimes-intermittent waters and the larger rivers they feed in order for the former to receive Clean Water Act protections. Armed with the science that proves such a connection, the EPA and the Corps crafted this rule that protects the clean water sources of America’s rivers. Unfortunately, some in Congress are pushing to block the rules from being implemented. Legislation to do just that has passed the House and will be considered in the Senate, and other amendments to block the rules will likely be proposed in the coming weeks and months. Please take a moment to weigh in with your Representative and Senators Bennet and Gardner, and ask them to support the Clean Water Rules and protect Colorado's headwater streams!
Headwaters Matter! New rules protect water quality
Yesterday (May 27) the EPA and Army Corps of Engineers issued new Clean Water rules that restore long-standing protections to headwater streams and adjacent wetlands under the Clean Water Act. From TU's Colorado press release:
Colorado anglers stand behind new clean water rule
WASHINGTON, D.C.—Anglers in Colorado support a new rule announced today that restores protections for America’s headwater streams under the Clean Water Act.
“The waters this rule protects are the sources of our nation’s coldest, cleanest water,” said Trout Unlimited President and CEO Chris Wood. “Not only do they provide the needed spawning and rearing habitat for our trout and salmon, they are the sources of our iconic rivers and streams—they provide the water we all use downstream. The EPA and the Corps were right to craft this thoughtful rule in a way that protects our headwaters and our fish, but also protects the downstream uses of our nation’s water.”
Wood said the rule doesn’t require any new actions on the part of existing water users, but it does require anyone wishing to pursue a new development that impacts small streams to get a permit to do so.
The rule restores protections to America’s headwater streams that were removed after two politically charged Supreme Court decisions in the 2000s. The court ruled that there must be a proven nexus between these small, sometimes-intermittent waters and the larger rivers they feed in order for the former to receive Clean Water Act protections. Armed with the science that proves such a connection, the EPA and the Corps crafted this rule that simply protects the clean water sources of America’s rivers.
“Colorado is a headwaters state, and we understand the importance of protecting the sources of our great western rivers,” said David Nickum, executive director of Colorado Trout Unlimited. “The new rule restores long-standing protections to these small streams and wetlands, which ensure healthy waters downstream and support our state’s $9 billion outdoor recreation economy. Anglers understand that healthy rivers depend on healthy tributaries—this rule simply acknowledges that reality.”
“TU members in Colorado are grateful to the Corps, the EPA and the Obama administration for developing the new rule, and we are thankful to many members of Congress who have defended it from attack,” said Drew Peternell, director of TU’s Colorado Water Project. “The rule is the product of many months of consultation and input from Americans and Congress. The agencies listened to the concerns of diverse interests and found an approach that will ensure clean water for our communities, industry, farms and ranches, and environment.”
“This is a rule for everyone,” Wood continued. “The most important thing this rule does is restore Clean Water Act protections to headwater streams, and that means the world to anglers who understand the importance of these waters to their success in the field. But these waters are important to everyone, not just anglers. If you turn on a tap, this rule helps make sure the water that comes out is clean and fresh.”
CTU Welcomes New Water Policy Intern!
Howdy y’all! My name is Zach DeWolfe and I am currently wrapping up my senior year at Metropolitan State University of Denver studying Political Science and Water Studies. I am originally from Austin, Texas, but have been in Colorado for the past four years. Living here has allowed me to fully explore my passion for the outdoors, whether through fishing, climbing, hiking or mountain biking. Through these experiences I have developed an appreciation for these places and a sense to protect and preserve them. I am thrilled to join CTU this summer in addressing such key water policy issues as the ongoing development of the Colorado State Water Plan, and ensuring that our goals and values are well represented.
"State of CTU" Video
At the Colorado TU Rendezvous, prior to passing the gavel on to new President Marshall Pendergrass, Past President Rick Matsumoto shared a video highlighting the "State of Colorado Trout Unlimited" over the past year - it has been a great several months for trout and watersheds in Colorado. Check it out!
Keeping Public Lands in Public Hands
Snow flurries began to whirl out of a steel-gray sky, and temperatures plummeted. But the crowd of hunters and anglers gathered on the steps of the state Capitol in Denver was just getting warmed up. "Hands off our public lands!" a speaker shouted. The group roared its approval.
On February 25, members from Trout Unlimited, Backcountry Hunters and Anglers, the National Wildlife Federation, and other sportsmen groups turned out to turn up the heat on Colorado lawmakers who might be thinking about introducing legislation to transfer to state control public lands like National Forests and BLM lands.
The groups' message, delivered despite cold and snow: Not on our watch.
"Our public lands are not for sale!" said Kent Ingram of the Colorado Wildlife Federation, one of several speakers who spoke from the heart about what public lands mean to America's sportsmen. These special places "one of the defining qualities of Colorado's quality of life," he said.
Coloradans agree. A bipartisan poll by Colorado College found that more than 80 percent of Coloradans cited the ability to be near and recreate on public lands as a significant factor for living in the West, with 72 percent saying that public lands belong to all Americans, not individual states.
Kirk Deeter, longtime columnist for Field and Stream and editor of TU's Trout magazine, brought it all home. He noted that he travels all over the world to fish and hunt, but he chooses to live in Colorado and always returns here because of its magnificent public lands and access to outdoors opportunity.
He said that proposals to strip Americans of that birthright and heritage are "unAmerican" and won't be tolerated by sportsmen.
"We're going to fight," said Deeter.
Deeter's passion was clearly shared by the crowd. "These public lands are our birthright, they're our heritage, and they're shared and owned by all Americans," TU's Ty Churchwell told the Durango Herald.
This latest rally for public lands (other recent rallies in New Mexico and Idaho have brought out hundreds of sportsmen) sends a strong, clear message that hunters and anglers won't sit by quietly while our public lands are degraded or sold to the highest bidder.
Anti-public lands lawmakers, take note.
President Obama Steps Up for Browns Canyon!!
Trout Unlimited praises creation of Browns Canyon National Monument Calls monument designation ‘historic victory’ for Colorado conservation
SALIDA (Feb. 18)—Trout Unlimited today praised President Obama’s designation of Browns Canyon as a new national monument, the culmination of years of effort to protect a Colorado backcountry treasure beloved by generations of anglers, hunters, rafters, and other recreational users.
Gov. John Hickenlooper and Sen. Michael Bennet recently asked President Obama to use his authority under the Antiquities Act to establish the 22,000-acre Browns Canyon National Monument, after legislation sponsored by Sen. Mark Udall stalled in Congress despite broad local support.
Trout Unlimited leaders called the monument action a “historic victory” for public lands conservation.
“TU members are proud to have played a leading role in protecting this Colorado crown jewel and preserving fishing and hunting opportunity for future generations,” said Chris Wood, CEO and president of Trout Unlimited. “This is a big bipartisan win for our outdoors heritage, and it sends a strong and clear message that hunters and anglers want to keep our public lands public.”
“I’m thrilled,” said Jim Impara, vice president of the Collegiate Peaks Chapter of Trout Unlimited in Salida. “Browns Canyon is one of those special places that draws rafters, hunters and anglers from all over the world. This action ensures that Browns’ wildness and rare beauty will be there for our children and grandchildren to enjoy.”
For years, sportsmen’s groups have been pushing for monument status for Browns Canyon, which includes prime backcountry habitat for mule deer, elk, bighorn sheep as well as miles of outstanding Gold Medal wild trout waters in the Arkansas River.
TU and other sportsmen’s groups, including the National Wildlife Federation and Backcountry Hunters and Anglers, organized local anglers and hunters to voice their support and attend numerous local meetings and public forums. The groups cited Brown’s important fish and wildlife habitat, as well as its role as an economic driver for Colorado’s $1.2 billion fishing economy and $500 million hunting economy. Browns Canyon is also the single largest contributor to Colorado’s $140 million whitewater rafting industry.
“Sportsmen helped deliver this victory for Browns,” said David Nickum, executive director of Colorado Trout Unlimited. “Our local roots and deep knowledge of this place carried weight with lawmakers and federal officials. Hunters and anglers understand the value of our public lands and wild backcountry, and we’re committed to protecting these magnificent resources and our outdoor way of life.”
He added, “We especially thank Sen. Udall for his dedication and persistence in pushing for a Browns Canyon monument. He has been a valued voice for sportsmen and for commonsense conservation.”
For more information about Browns, go to www.sportsmenforbrowns.com.
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Additional resources for media:
High-res images of the Browns Canyon, available for download at Trout Unlimited Photoshelter site.
(Credit copyright holder if photo downloaded for use. If prompted for password, use “Browns Canyon”)
Trout Unlimited is a non-profit organization with 147,000 members nationwide dedicated to conserving, protecting and restoring North America’s coldwater fisheries and their watersheds. Colorado Trout Unlimited has 24 chapters and more than 10,000 members in the state.
Victory on Hermosa!
In late December, a bill to permanently protect the Hermosa Creek watershed—a major Trout Unlimited focus area for conservation—received final approval in the U.S. Senate and proceeded on to President Obama for his signature. It was a great day for our local Durango community, for Colorado and for America’s backcountry fanatics.
The Hermosa Creek Watershed Protection Act, along with a handful of other public land bills, was attached as riders to the National Defense Authorization Act – a “must pass” piece of legislation. As a result, Congress finally got this important piece of legislation across the finish line.
Native cutthroat trout in southwest Colorado now have a protected home in America’s newest wilderness area!
We are grateful for Sen. Michael Bennet and Rep. Scott Tipton and staff, for helping bring the Durango community together and working hard to get this done.
The passage of the bill represents eight years of work by TU staff from the Sportsmen’s Conservation Project and Colorado Water Project, and volunteers from the Five Rivers Chapter in Durango, CO. The effort has truly been a “One TU” success. But it was not just TU members who fought to protect the Hermosa Creek area for the next generation. Anglers were joined by sportsmen from the region, and across the country, in a coalition aptly named “Sportsmen for Hermosa.” From the local fly shops to rod manufacturers, from sportsmen’s conservation groups to outfitters, sportsmen stood up unified in support of permanent protections for Hermosa Creek. And Congress heard our voices loud and clear!
The Hermosa Creek watershed, just north of Durango, contains Colorado’s largest, unprotected roadless area and is treasured by hunters and anglers for its opportunity and ease of access. For fly fishermen and women, Hermosa Creek is the go-to location in southwest Colorado to cast summer dry flies to pure Colorado River cutthroat trout, brookies and rainbows. For fall big game hunters, Hermosa’s elk beckon with bugles that raise the hair on your neck with excitement and anticipation. Deer, turkey and grouse round out the quarry. Sportsmen were joined in the effort to protect Hermosa Creek by mountain bikers, off-highway vehicle enthusiasts, hikers, backpackers, photographers, horsemen, water concerns, grazers, ranchers and citizens of the region.
It was a bumpy road along the way. In September, the bill received a mark-up in the House of Representatives. To the surprise of everyone back in Colorado, the bill was substantially amended by the House subcommittee. Though it was watered-down and failed to provide the “teeth” of conservation we desired, it passed. Whereas the bill once enjoyed complete and uncontested support, there now was significant opposition, including from TU and sportsmen.
Thankfully, the utter disappointment of the House mark-up and amendments brought about change. Locals made it clear the bill was not OK and needed to return to the original version. In mid-November a deal was struck between the Senate and House subcommittees. The amended bill now was much, much closer to the original version and regained the support of locals back home. In late November the bill received a full House vote (via the defense bill) and passed 300-119.
It’s notable, too, to mention four other TU-led initiatives passed alongside Hermosa and were signed into law. They include the Columbine-Hondo wilderness in New Mexico and the Pine Forest Range in Nevada. We share this victory with our brethren in nearby states.
With that, we raise our glasses in celebration. To pass a public lands protection bill, with a wilderness component, is an astronomical feat in today’s tough and highly partisan political climate. But sportsmen stood strong, made their voices heard, and were persistent and patient—and now 107,000 acres of public land perfectness will remain unspoiled and productive for the next generation of America’s sportsmen, women and children.
---Ty Churchwell, Backcountry Coordinator, Sportsmen's Conservation Project tchurchwell@tu.org
Clear Creek County Commissioner Speaks for Clean Water
Clear Creek County Commissioner Tim Mauck testified today before a joint hearing of the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works in support of a proposed federal rule that would restore protections to headwater streams under the Clean Water Act. The so-called Waters of the United States rule, put forth by the Environmental Protection Agency and the Army Corps of Engineers, is in draft form, and has received support in the form of public comment from about 800,000 Americans. It was crafted in response to a pair of Supreme Court rulings in the early and mid-2000s that removed longstanding Clean Water Act protections from “intermittent and ephemeral” headwater streams unless they were shown to have a “significant nexus” with the larger rivers and streams into which they flow. The EPA and the Corps have since proven a scientific nexus between America’s great rivers and their headwater streams--hence the draft rule.
Despite the overwhelming public support for the rule, many in Congress see the rule as “overreach,” and efforts are afoot to derail the established rule-making process and prohibit the EPA from restoring protections to headwater streams under the Clean Water Act.
“As an elected county commissioner, I am testifying to convey how important clean water is for my community,” Mauck told the members of the committees today. “The proposed clean water rule will protect the headwaters, tributaries and wetlands that are essential for providing the high-quality water that supports the hunting, fishing, rafting and outdoor recreation that are an economic backbone for my community. Clean water from streams and wetlands also provide drinking water for thousands of our residents.”
Commissioner Mauck is also an avid sportsman and a member of Trout Unlimited. Thank you, Commissioner, for speaking out in support of Colorado's headwater streams!
CTU, Bill Barrett Corp. tout Roan as model for balance in energy
Last November, Colorado TU and other conservationists reached a settlement with the Bureau of Land Management and with energy leaseholders including Bill Barrett Corp. for the Roan Plateau. The settlement has resulted in leases being cancelled and refunded for the majority of habitat atop the Roan, while moving forward a process to allow responsible development of other leases in the area. Colorado TU's David Nickum and Bill Barrett's Duane Zavadil recently joined in writing an op-ed piece highlighting the Roan settlement as an example of how a more balanced energy strategy can be achieved through thoughtful engagement that respects the importance of both public lands for fish, wildlife and recreation, and the need to develop domestic energy supplies. Their piece was carried in the Washington, DC based publication, The Hill - you can read it here. The op-ed has also run online with the Denver Post and in print with the Grand Junction Daily Sentinel.
While the Roan settlement is an important step forward, it is still vital that BLM follow through as it revises its leasing plan for the Roan to adopt the "settlement alternative" that has been proposed. You can weigh in with BLM by signing our online petition for the Roan.
Former Congressman Hefley calls for Browns Canyon protection
Former US Congressman Joel Hefley (R-Colorado Springs) added his voice to those of sportsmen, local governments, business owners, Governor Hickenlooper and Senator Bennet, and Chaffee County citizens in supporting protection for Browns Canyon on the Arkansas River. He authored an op-ed piece in the Denver Post that calls on the President and the Colorado Congressional delegation to move forward with protection for Browns. Browns Canyon is one of Colorado's natural treasures, with a Gold Medal reach of the Arkansas River as its centerpiece, outstanding big game habitat in the uplands, and world-class rafting opportunities that have made it one of America's most popular whitewater destinations.
In 2006, Congressman Hefley led a bipartisan effort to secure protections for the Browns Canyon area. In 2013-14, Senator Mark Udall sponsored legislation for Browns that would both establish a National Monument and designated some additional wilderness. Unfortunately, both efforts were caught up in Congressional gridlock and fell short.
As part of Sportsmen for Browns Canyon, TU has been working steadily to support National Monument protection for Browns; you can help by lending your voice through our action alert here - asking the President to give Browns the National Monument Protection it so richly deserves.
