In a recent government meeting, officials discussed the significant implications of the Supreme Court's Sackett v. EPA decision for Colorado's water management and environmental policies. The ruling has raised concerns for the state, where nearly half of streams and wetlands do not meet the Supreme Court's criteria for continuous surface connection. These ecosystems are crucial for flood and wildfire mitigation, water filtration, and wildlife habitats, as well as supporting key economic sectors like agriculture and tourism.

In response to the ruling, Colorado's Governor Jared Polis convened a task force to explore options for a state dredge and fill permitting program. This task force included representatives from various sectors, including agriculture, construction, and conservation, all of whom recognized the need for a regulatory framework to fill the gap left by the Sackett decision.

The task force proposed four approaches, which were presented to stakeholders for feedback. This collaborative effort culminated in the introduction of legislation during the Colorado General Assembly's 2024 session, allowing the state to issue permits for dredge and fill activities in ephemeral and intermittent streams and wetlands. The legislation, which received bipartisan support from diverse groups, including environmental organizations and business associations, was signed into law by Governor Polis on May 30th, making Colorado the first state to enact such measures in response to the Sackett ruling.

This new law aims to maintain federal 404 standards while addressing Colorado's unique environmental needs, providing regulatory certainty for businesses and demonstrating that bipartisan solutions are possible at the state level. The meeting highlighted Colorado's proactive approach to environmental management in the wake of significant legal changes, showcasing a model for other states facing similar challenges.