Colorado’s Chance to Continue to Lead: Protecting All Waters Under Regulation 87

Colorado’s waters form a living network—from alpine headwaters to desert seeps to prairie sloughs to floodplain wetlands—the arteries of our state’s ecology, economy, and communities. But today, many of them are vulnerable.

After the U.S. Supreme Court’s Sackett v. EPA decision narrowed the scope of waters covered in the Clean Water Act, hundreds of thousands of acres of wetlands and miles of small streams no longer fall under longstanding federal protections. In response, Colorado legislators took a dynamic bipartisan step forward in 2024 by passing HB24-1379 to restore safeguards to these wetlands and streams—making Colorado the first state in the nation to adopt such protections. 

The law directs the Colorado Department of Public Health and Environment to develop Regulation 87, a program to permit “dredge-and-fill activities” such as mining, reservoir construction, and major infrastructure projects. Projects will be required to avoid and minimize harm to wetlands, and then require mitigation of unavoidable impacts. This approach mirrors the federal 404 dredge-and-fill program, although HB24-1379 includes provisions tailored to Colorado needs.

The rulemaking will take place next month (Dec. 8–10). What happens in those three days will determine whether Colorado truly protects the integrity of its rivers and wetlands—or opens new gaps that leave them exposed to unregulated filling or dredging.

A Comprehensive Vision, Not a Patchwork

Lawmakers made a conscious choice: Colorado’s program would be comprehensive, not just a limited program to fill the gap created by Sackett. They recognized what science makes clear—that our waters are connected. Protecting a river requires protecting its tributaries, and safeguarding a wetland means supporting the hydrologic connections that sustain it. Protecting all state waters—large and small, intermittent and perennial—is the only way to maintain the integrity of the system.

Avoid, Minimize, Mitigate—Because Once It’s Gone, It’s Gone

At its core, Regulation 87 carries forward the enduring principles of protecting Colorado waters while balancing the need for infrastructure or development: avoid and minimize harm whenever possible, and mitigate unavoidable impacts. These aren’t bureaucratic hurdles but essential guardrails. Healthy wetlands and riparian systems buffer floods and drought, filter pollutants, store carbon, and sustain wildlife and recreation. Once lost, they are extraordinarily difficult and expensive to restore or replace. Colorado has already lost about 50 percent of its wetlands due to development since statehood, so protecting what remains is imperative.

A Model for the Intermountain West

Other states across the Intermountain West are watching closely and Colorado’s approach could serve as a blueprint for state-led water protection— grounded in science and collaborative governance rather than crisis response.

As droughts intensify, fires burn hotter, and floods become more extreme, we need policies that recognize the full hydrologic system and invest in natural infrastructure—the wetlands, fens, and riparian zones that protect and support us.

Why This Matters to All of Us

This isn’t just about fish, frogs, or even birds—though those species are the canaries of ecosystem health. It’s about public safety, clean drinking water, agricultural resilience, and economic stability. The same wetlands that cradle a Yellow Warbler’s nest also reduce downstream flood risk and improve water quality for nearby towns.

Colorado can lead the way, showing the rest of the West that safeguarding water means protecting all of it—from the smallest spring to the largest river. Once we lose these systems, we don’t get them back.