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Colorado River District warns state dredge-and-fill rules could expand scope of regulation beyond federal precedent
Summary
Colorado River District officials told Rio Blanco County commissioners that Colorado's proposed dredge-and-fill rulemaking (the state's response to recent U.S. Supreme Court decisions narrowing WOTUS) risks expanding state regulation to waters not formerly regulated by the Clean Water Act and could impose burdens on agriculture and local users.
Colorado River District officials told Rio Blanco County commissioners on May 20 that Colorado’s planned rulemaking to regulate dredge-and-fill activities could reach beyond waters historically regulated under federal law, creating new regulatory burdens for landowners and local projects.
“Several years ago, the Supreme Court issued a ruling in the Sackett case that substantially narrowed … what is Waters of The United States,” Andy Mueller, general manager of the Colorado River District, said. He and Peter Fleming, the district’s general counsel, described how Colorado has proposed that the state regulate “gap waters” left outside federal jurisdiction and is moving into a rulemaking phase under the Colorado Department of Public Health and Environment (CDPHE).
The River District officials said they supported carrying forward…
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