Colorado lawmakers agree on approach to protect state wetlands

Colorado will create its own program for permitting 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 lawmaking session.

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

Earlier in the legislative session, two approaches were proposed to fill the regulatory vacuum — one from a Democrat and another from a Republican. After negotiating on the finer details of the program, the sponsors joined together. 

“We agreed that we had to pass a bill this year; we had to create a Colorado program that protected our wetlands and water and gave assurances to the development community,” said Sen. Dylan Roberts, a prime sponsor of the bill that was approved. 

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

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

“We didn’t compromise because we came out with, what I think, is the strongest way to protect streams and wetlands and rivers,” she said. 

One of those changes was making it clear that agricultural producers will be exempt from the permitting requirements and that private water rights will be protected, she said. 

The new program will also be administered by the Colorado Department of Public Health and Environment (CDPHE) instead of the Department of Natural Resources, as she originally intended. She said her original concern was that CDPHE has an immense backlog in its permitting. Now, the department will be required to provide a quarterly report to the state budget writers on their backlog. 

Kirkmeyer said she’s ultimately just glad the state was able to create a program.

The Senate and House have both approved the bill, but it awaits Gov. Jared Polis’ signature. Members of his administration in CDPHE supported the measure.