Colorado Recommends Updates to New Federal Rule to Protect Clean Water

Last Friday, Colorado Attorney General Phil Weiser and Governor Jared Polis issued comments to the United States Army Corps of Engineers (ASACE) and the United States Environmental Protection Agency (EPA) concerning new federal definitions that could leave many of Colorado’s streams and wetlands vulnerable to pollution.

Under the new Navigable Waters Protection Rule, “waters of the United States” was altered to leave out many of Colorado’s streams and rivers that were previously protected under the Clean Water Act.

The comments, which were submitted at the request of the EPA and USACE, note the effect of low water quality on Colorado’s infrastructure. Wildfires are a part of life in Colorado, but this year, mudslides which were the results of wildfires, shut down I-70, and wildfires have also impacted the quality of water needed for agriculture and drinking.

“Water quality is critical to our state’s infrastructure and way of life, and protecting our natural resources remains a top priority for my office,” says Weiser. Lack of federal protections may result in regulations that could affect farmers and ranchers, as well as other businesses and communities that rely on a clean water source.

Colorado is recommending a definition that is consistent with earlier laws and with the Clean Water Act and would include ephemeral and intermittent streams, as well as streams that aren’t connected to a larger body of water. It is estimated that under the 2020 rules, up to 25 percent of streams and 22 percent of wetlands in Colorado are no longer under protection.

Colorado filed a lawsuit in district court earlier this year in response to the 2020 Navigable Water Protection Rule, claiming illegal action. According to Weiser, the new rules violate the Clean Water Act and would require Colorado to take on a higher burden for protecting clean water sources. The comments submitted Friday recommend revising the definition to take into consideration the integrity of streams vital to Colorado’s infrastructure while also providing agricultural exemptions.