Opening for state water protection laws

Following the 2023 Sackett v. Environmental Protection Agency case, the door has been opened for states to adopt state water protection laws. In this case, the U.S. Supreme Court overturned the EPA’s definition of wetlands while siding with an Idaho couple who argued that they should not be required to obtain federal permits to build on their property that lacked any navigable water.

Colorado is considering House Bill 24-1379  that creates a new permitting system, with clear exemptions and exclusions for state waters in response to the US Supreme Court ruling in late May 2023. A competing measure Senate Bill 24-127 which the bill’s author says, ““Senate Bill 127 draws a very distinct line and says anything beyond 1,500 feet — unless it’s a fen, which is already recognized as the most important type of wetland — you can go take a bulldozer in there, destroy a stream, destroy a wetland without any environmental review.” 

Colorado News Line | Competing state waters protection bills move through Colorado Legislature