Colorado lawmakers agree on approach to protecting state wetlands

Colorado will create its own program to allow certain types of development while protecting the state's streams and wetlands after lawmakers agreed on a method in the final days of the 2024 legislative session.

The new program became necessary after the U.S. Supreme Court issued a ruling about a year ago that removed protections for about half of the streams and wetlands.

Two approaches were proposed at the start of the legislative period to fill the regulatory vacuum – one from a Democrat and one from a Republican. After the finer details of the program were negotiated, the sponsors joined forces.

“We agreed that we need to pass a bill this year. We needed to create a Colorado program that protects our wetlands and waterways and provides assurances to the development community,” said Senator Dylan Roberts, a lead sponsor of the passed bill.

House Speaker Julie McCluskie, D-Dillon, Roberts, D-Frisco, and Rep. Karen McCormick, D-Longmont, introduced House Bill 1379, which was ultimately successful. The other, Senate Bill 127, came from Sen. Barbara Kirkmeyer, R-Brighton, and Rep. Shannon Bird, D-Westminster.

Kirkmeyer said she was convinced to abandon her bill and join the other one after they agreed to make several key changes.

“We didn't compromise because we found what I believe is the strongest way to protect streams, wetlands and rivers,” Kirkmeyer said.

One of those changes is to clarify that agricultural producers will be exempt from permit requirements and private water rights will be protected, she said.

The new program will also be administered by the Colorado Department of Public Health and Environment, rather than the Department of Natural Resources as Kirkmeyer originally intended. Kirkmeyer said their initial concern was that CDPHE had a huge permitting backlog. Now the ministry must submit a quarterly report on its backlog to the drafters of the state budget.

Kirkmeyer said ultimately she's just glad the state was able to get a program in place.

Both the Senate and House of Representatives have approved the bill, but it awaits Gov. Jared Polis' signature. Members of his administration at CDPHE supported the measure.