Environmental Aspects of Water Policy and Politics Seminar Series

Explore the environmental aspects of water policy and politics in Colorado through a seminar series led by Nicole Rowan, the Clean Water Program Manager. Learn about the mission of the Water Quality Control Division, the history of key acts, such as the Clean Water Act, and the regulations and penalties involved in maintaining water quality. Dive into case studies on the Waters of the United States and more.

• Water Policy
• Environmental Aspects
• Colorado
• Clean Water Act
• Water Quality

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1. ENVIRONMENTAL ASPECTS OF WATER POLICY & POLITICS GRAD592 - Interdisciplinary Water Resources Seminar Series Nicole Rowan, Clean Water Program Manager Colorado Department of Public Health and Environment nicole.rowan@state.co.us 1

2. Water Quality Control Division Mission: Protect and restore water quality for public health and the environment in Colorado Regulatory agency Safe Drinking Water Act Clean Water Act Colorado s Water Quality Control Act Staff to Water Quality Control Commission 2

3. History of federal Clean Water Act and Colorado Water Quality Control Act Federal Clean Water Act 1899 Rivers and Harbors Act 1948 Federal Water Pollution Control Act (FWPCA) 1965 Water Quality Act 1970 EPA Established 1972 FWPCAAmendments or Clean Water Act 1977 Clean Water Act 1987 Water Quality Act Colorado Water Quality Control Act 1966 Colorado Water Pollution Control Act 1973 Colorado Water Quality Control Act 1985 Colorado Water Quality Control Act Amendments 1989 Colorado Water Quality Control Act Amendments Several amendments since 1989 3

4. Clean Water Act Goal Prevent, reduce, and eliminate pollution in the nation's water in order to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters . [33 U.S.C. 1251(a)] 4

5. WQCDs Permits Construction Commerce and Industry Public and Private Utilities Municipal Separate Storm Sewer Systems Pesticides 5

6. Penalties ($, per day, per violation) $54,833 $10,000 1966-2019 2020 6

7. Case Study: Waters of the United States The term navigable waters means the waters of the United States, including the territorial seas. [33 U.S.C. 1362(7)] 7

8. WOTUS History Since 1970s the Environmental Protection Agency and U.S. Army Corps of Engineers have defined WOTUS in regulation and policy Three supreme court decisions 2006 case (Rapanos) results in 2008 policy that is in effect in Colorado today 2015 Obama Rule 2020 Trump Rule 8

9. State Waters "State waters" means any and all surface and subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. [C.R.S. 25-8-103(19)] 9

10. State Waters 10

11. State Waters that are WOTUS under 2008 guidance 2008 WOTUS Guidance 11

12. State Waters that are WOTUS under 2008 guidance and 2020 Navigable Waters Protection Rule 2020 Navigable Waters Protection Rule 12

13. 2020 Navigable Waters Protection Rule - District Court of Colorado Rule finalized and published in federal register on April 21, 2020 Colorado filed complaint on May 22, 2020 Colorado filed motion for preliminary injunction to stay the implementation of the rule on May 28, 2020 June 19, 2020 Judge Martinez granted Colorado s request for a stay 13

14. 2020 Navigable Waters Protection Rule - 10th Circuit Court of Appeals June 23, 2020 Department of Justice (DOJ) filed notice of intent to appeal district court decision DOJ s opening brief, July 9, 2020 State s response brief, August 7, 2020 DOJ s reply brief, August 14, 2020 Oral Arguments, November 18, 2020 14

15. 2020 Colorado Legislative Session Gap Waters Amend Colorado Water Quality control Act to allow dredge and fill Colorado permit program for gap waters Funding 15

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17. THANK YOU! Nicole Rowan, Clean Water Program Manager Colorado Department of Public Health and Environment nicole.rowan@state.co.us 17