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Local resident cites Supreme Court and EPA guidance in public comment on 'waters of the United States'
Summary
Amanda Quigley of Cottonwoods addressed the council during public participation, reviewing recent federal and state developments on the definition of "waters of the United States," referencing a 2023 EPA rule and Colorado draft statute language affecting drainage ditches and agricultural water conveyances.
Amanda Quigley of 1311 East Carolina Avenue in the Cottonwoods neighborhood spoke during public participation to summarize federal and state developments about the Clean Water Act and the technical definition of "waters of the United States."
Quigley cited a recent U.S. Supreme Court opinion and the U.S. Environmental Protection Agency's Oct. 29, 2023, final rule amending the definition of waters of the United States. She reviewed how the Clean Water Act, enacted in 1972 (33 U.S.C. §1251 et seq.), historically left uncertain the outer boundaries of federal jurisdiction and noted that section 404 and related provisions expressly exempt certain agricultural drainage and maintenance activities from dredge-and-fill permitting. Quigley also referenced Colorado draft rulemaking and a cited Colorado Revised Statute provision she read as 25-8-103 and an EPA report (EPA-662-74-084) on drainage and salinity in the Grand Valley.
Nut graf: Quigley urged council members to consider these federal and state regulatory developments when discussing local drainage, salinity and ditch maintenance issues; she framed the materials as background for local decision-making rather than as a request for immediate action.
Quigley closed by recommending council review the EPA evaluation of drainage for salinity in the Grand Valley, noting that properly managed drainage ditches can decrease salinity and protect agriculture.
Ending: Her comments were taken as public input; council did not take action on the topic during the meeting.
