Colorado Senate Bill SB127

Colorado 2024 Regular Session

• Introduced: 2/6/24
• Report Pass: 4/11/24
• Refer: 2/6/24
• Report Pass: 4/25/24
• Refer: 4/11/24
• Refer: 4/25/24

Caption

Regulate Dredged & Fill Material State Waters

Impact

The bill creates the Stream and Wetlands Protection Commission under the Department of Natural Resources, which is responsible for developing and enforcing the dredge-and-fill permit program. It emphasizes that state regulations must align closely with the standards set by the federal Clean Water Act as of May 24, 2023, thereby ensuring that the state's water protection measures are not more stringent than their federal counterparts. The legislation aims to alleviate the regulatory uncertainty stemming from the federal ruling and facilitate sustainable development in Colorado while maintaining crucial environmental protections.

Summary

Senate Bill 127 establishes a comprehensive dredge-and-fill permit program aimed at regulating the discharge of pollutants into state waters in Colorado. This initiative arises in response to significant changes in federal law, specifically the Supreme Court's ruling in Sackett v. Environmental Protection Agency, which narrowed the definition of 'waters of the United States' under the Clean Water Act. As a result, Colorado seeks to fill the regulatory void by implementing its state permit program to maintain protections for its aquatic ecosystems and enhance regulatory certainty for various projects involving water discharge.

Contention

Notable points of contention include the balance between regulatory oversight and the facilitation of development projects, such as flood control, stream restoration, and housing construction. Critics may argue that the regulations could impose additional burdens on developers, while economists and ecological advocates support the need for stringent protections to safeguard Colorado's water resources. Moreover, the bill's introduction indicates a proactive approach to water management amidst the shifting landscape of federal regulations, raising discussions about the future roles of state and local governments in environmental protection.