CMA Water Quality Committee summary

June 16, 2020

Chairman Jimmy Boswell asked Dianna Orf, CMA Lobbyist to update the committee about Draft Colorado WOTUS/Dredge and Fill Legislation the Colorado Department of Public Health and Environment sought introduction for in the last weeks of the 2020 legislative session.

The Department believes EPA’s (or as they claim, “Trump’s”) new rule leaves significant gaps in terms of regulating 25% – 45% of waters in Colorado. Colorado’s Attorney General has joined several other states in challenging the new federal WOTUS rule in court:


Attorney General Press Release and Link to Lawsuit

The Department sent this CDPHE WOTUS – Dredge and Fill One Pager

CMA’s Committees met and discussed the bill and created the following:

CMA Questions to CDPHE Regarding Draft Bill

CMA Talking Points

Legislation did not get formally introduced, though the Department had satisfied concerns expressed by some general industry stakeholders.

The Colorado Water Congress sent the Department and House Speaker K.C. Becker (bill sponsor) the following letter expressing concern about both the short amount of time given to resolve a number of substantive concerns expressed by the Water Congress’s diverse membership.

Jimmy Boswell put together a summary of the new federal WOTUS rule. Thank you to Jimmy for preparing this.

Committee members discussed the manner in which the Department will meet with stakeholders, as well as the Colorado Water Congress who will continue to discuss the bill throughout the summer and fall. CMA encourages interested member companies to participate in the Water Congress committees that discuss this potential bill.

Other Business – Follow-up Discussion Regarding Cooperating Industry Permittees

Jimmy Boswell said the he visited with Gabe Racz about identifying other industry water quality representatives who share concerns about the permitting practices of the Water Quality Control Division. Jimmy stated some issues CMA has discussed with the Division are specific to mining, but the flow issue may be of interest to wastewater utility representatives. Several CMA members are litigating permit conditions imposed by the Water Quality Control Division.