October 20, 2020
Dredge and Fill—Colorado Legislation—WOTUS Federal Rule
The Committee discussed the latest updates regarding all aspects of Colorado’s response to the new Waters of the United States rule (WOTUS):
- On November 18, 2020, the 10th Circuit Court of Appeals will consider Colorado’s request for a permanent stay of the federal rule in Colorado.
- The Colorado Water Quality Control Division continues to discuss additional clarifications with stakeholders regarding the scope of a new Colorado permitting program including agricultural lands.
- Mapping – Trout Unlimited is doing 50% of mapping including consideration of the loss of certain streams.
- Discussion continues to occur on the gap table.
- Nathan Moore of the Division has prepared a flow chart.
- The next meeting of the Division’s stakeholder process is Thursday, November 5 via Zoom. For more information about the Division’s stakeholder process and to sign up for future stakeholder meetings, please visit: https://www.colorado.gov/pacific/cdphe/water-quality-waters-united-states
Colorado Water Congress State Affairs Committee
Samantha Anderson of Peabody Energy serves as CMA’s representative to the Colorado Water Congress’s State Affairs Committee. The Committee is addressing the CDPHE dredge and fill proposal.
Members of the State Affairs Committee have asked questions about voting privileges of Committee members, and the State Affairs Committee and CWC Board will discuss that issue in future meetings.
WQCD Draft Implementation Policy, “Rule Applicability to Water Quality Control Division-Type Actions under the Colorado Administrative Procedures Act”
Draft Letter from Vranesh & Raisch and Brownstein Hyatt Farber Schreck
The Division announced its intention to implement a new policy pertaining to the issuance of permits and applicability of certain standards. The Committee discussed the question of whether the CMA should comment on the draft and evaluate the legality of the Division’s new practice.
CMA filed comments prepared by Committee Chair Jimmy Boswell with support from members. CMA specifically commented on temporary modifications, and site-specific conditions.