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HomeMy WebLinkAboutBOCC Support Letter HB24-1379.docx Pitkin County | 530 E. Main Street | Aspen, CO 81611 | 970-920-5200 RE: Support for HB24-1379 Dear Speaker McCluskie, Representative McCormick, Senator Roberts, and esteemed members of the Colorado Legislature: On behalf of the diverse constituents of Pitkin County, the Pitkin County Commissioners have recognized the cultural, environmental, and economic value of protecting state waters. We reach out to you to express full support for House Bill HB24-1379. This piece of legislation is the result of significant stakeholder work that included statewide governmental entities, conservation organizations, outdoor recreation groups, and wildlife advocacy organizations. This collaborative process has resulted in the bill before the 2024 Legislation for consideration. As with many of Colorado’s waterways, the headwaters of the Roaring Fork, Crystal, and Fryingpan Rivers are made up of smaller streams without year-round flow, often because they are under snowpack, or flow seasonally beneath the ground surface; not only recharging our perennial rivers, but also wetlands and wet meadows. Many of these areas are considered the ‘non-navigable waterways’ recently left without protections, yet they are critical to the iconic western rivers that are the backbone of the headwaters’ region and the state’s recreation, tourism and agricultural economies. The population centers and rural areas that depend upon clean water from protected wetlands in Colorado’s headwaters include 40 million Americans who live downstream in the American West. Our lives depend on the quality of our water, and these headwater streams and wetlands are where it all starts. As you are aware, a recent United States Supreme Court case (Sackett v. EPA, 2023) left Colorado’s key streams, wetlands, and subsurface waters without protection from dredging and filling without a Federal 404 permit. This left Colorado’s water resources unprotected from harm and exploitation. However, it provides the State of Colorado with a great opportunity to begin to fill gaps and establish safeguards toward fully protecting all state waters from unpermitted dredging and filling. There are three primary reasons why Pitkin County supports HB24-1379: First, HB24-1379 extends coverage to all "state waters" - some of which are no longer covered by federal protections. This is a simple approach to ensure protection of all of Colorado’s state waters; perennial, intermittent, ephemeral, underground, and vital seasonal streams and wetlands. While these riparian and riverine areas may comprise a tiny percentage of Colorado’s landscapes, they are vital to our very survival - and that of virtually all wildlife. Second, HB24-1379 closely aligns with the Federal 404 permitting program. This alignment promotes consistency and coherence in regulatory efforts, offering a strong foundation for managing dredge and fill activities while minimizing regulatory complexities. This alignment extends to mirroring the federal exemption schedule and federal compensatory mitigation allowances. Third, HB24-1379 proposes that dredge and fill permitting be housed within Colorado Department and Public Health and Environment (CDPHE) the Water Quality Control Division (WQCD), in line with existing permitting frameworks. Pitkin County | 530 E. Main Street | Aspen, CO 81611 | 970-920-5200 Additionally, we are excited to support the amendment that establishes a Western Slope administrative office to ensure more local expertise and outreach in the creation, implementation, launch and continued success of this legislation. We look forward to continuing our work with you toward the passage of HB24-1379. Protecting state waters throughout Pitkin County and our western slope watershed is of the utmost importance. For all Coloradans, state waters represent one of the wellsprings of our identity, history, resilience, and even our survival. This legislation presents an important opportunity to enhance the protection of Colorado's water resources for present and future generations. Water sustains life. We are strongly in support. Sincerely, Greg Poschman Chair Pitkin County Board of Commissioners Wendy Huber Chair Pitkin County Healthy Rivers Board