Colorado鈥檚 Wetlands and Streams Urgently Need Protections
A quarter of Colorado鈥檚 stream miles and wetlands just lost protection.
By Abby Burk
Senior Manager, Western Rivers Program
Published March 05, 2021
This article is from 约炮视频 Rockies
, 约炮视频's regional office for Colorado, Utah, and Wyoming. Find your nearest 约炮视频 office here.
November 12, 2021 update: On August 30, 2021, U.S. District Judge Rosemary M谩rquez, presiding in the District of Arizona, granted a request by the United States for voluntary remand of the Navigable Waters Protection Rule to allow for reconsideration of the rule by the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers. This is an evolving situation that 约炮视频 is actively engaged with.
March 9, 2021 update: The 10th Circuit Court of Appeals granted Colorado two months to get ready for the Navigable Water Protection Rule to go into effect. This means it鈥檚 not in effect now but will be on April 23, 2021. 鈥
Healthy Freshwater Ecosystems for Birds and People
Wetlands and streams provide critical habitat for Colorado鈥檚 400+ species of birds. Regardless of their size or frequency of flow, they are to downstream waters and strongly influence their function. People, birds, and other wildlife gain many beneficial ecological services and functions from freshwater ecosystems. For example, Coloradans rely on clean drinking water from either surface water provided by rivers or groundwater. Freshwater ecosystems facilitate connections with both.
The Trump administration鈥檚 Navigable Water Protection Rule (NWP Rule) was in effect in 49 out of 50 states. The rule, which 约炮视频 , removes protections for at least 18 percent of the country鈥檚 streams and 51 percent of its wetlands that could now be filled in or polluted under the rule. Essentially, the NWP Rule redefined what is considered 鈥渨aters of the United States鈥 (WOTUS) that federal agencies protect under their Clean Water Act authorities to block discharges of pollutants without a permit.
Colorado was the only state with a in place while courts reviewed.
Shortly after the Biden administration took office, the Department of Justice asked all courts considering challenges to the NWP Rule to hold off on making additional rulings while they reevaluated the agencies鈥 litigation arguments. On Monday, March 1, 2021, the 10th Circuit denied this request, and the next day, the court issued an opinion the district court's preliminary injunction of the 2020 WOTUS Rule in Colorado.
What Does This Mean for Coloradans, Birds, and Wildlife?
At least a quarter of Colorado鈥檚 water resources (surface streams, lakes鈥攊ncluding playas鈥攁nd wetlands鈥攊ncluding fens) are now in jeopardy because the NWP Rule now applies in Colorado, along with the rest of the country. The NWP Rule鈥檚 rollback of Clean Water Act applicability effectively removes protections from a quarter of Colorado鈥檚 stream miles and wetlands acres that may receive discharges from construction activities.
Birds use lakes, tributaries, streams, ponds, wetlands, and other water bodies for breeding, nesting, and raising young. These water bodies provide crucial sources of drinking water and food, stop-over locations during migration, and needed shelter as they seek protection from predators and harsh weather.
New Trout Unlimited and Nature Conservancy mapping show what reduced protections for Colorado鈥檚 streams and wetlands look like under the NWP Rule:
Rivers are the most impacted ecosystems , and freshwater ecosystems are experiencing a than ever. Since the arrival of Euro-American settlers, nearly half of Colorado wetlands have been lost due to a variety of human activities (, ).
Ready for Action
At a time of historic drought and wildfires, we must protect and increase the resilience of Colorado鈥檚 water resources to climate change impacts and enhance habitat for birds and other wildlife. 约炮视频 and our partners will support action from the Colorado legislature to establish a new program to permit construction activity discharges of dredged and fill materials to these newly unprotected state wetlands and streams. Colorado needs such a program to safeguard our 鈥済ap鈥 water resources now left at risk from reduced federal protections and retain federal exemptions for agricultural activities. A state program can efficiently and effectively provide a level of protection similar to what the federal agencies previously provided for wetlands and streams critical for drinking water, wildlife habitat, and provide world-class recreation opportunities.
Water connects us all. Incremental contributions of individual streams and wetlands are dynamic and cumulative across entire watersheds, and they have effects on people, birds, and other wildlife downstream. We know that a targeted and strategic state program will result in positive outcomes for both people and birds. We need you, the 约炮视频 network, to stand vigilant and respond when asked to support a gap-filling Colorado clean water permitting program.
Read from Audubon Colorado Council鈥檚 Water Taskforce Chair, a retired EPA senior water resources scientist, on why we must restore protections to Colorado's streams and wetlands.