SPECIAL PUBLIC NOTICE Announcing the Implementation of the Navigable Waters Protection Rule (NWPR) in Colorado

Published April 26, 2021

SUBJECT: On April 21, 2020, the Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. Colorado subsequently filed an amended motion for a preliminary injunction requesting the United States District Court for the District of Colorado enjoin the EPA and the Department of the Army from implementing the Navigable Waters Protection Rule in the State of Colorado. On June 19, 2020, the district court stayed the effective date of the rule and enjoined the EPA and the Department of the Army to continue administering Section 404 of the Clean Water Act in Colorado under the then-current regulations. The district court’s determination to grant Colorado injunctive relief under the Navigable Waters Protection Rule expired on April 23, 2021. The Navigable Waters Protection Rule is now in effect in Colorado.

The Navigable Waters Protection Rule establishes the scope of federal regulatory authority under the Clean Water Act. This rule includes four categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The published version of the rule is 93 pages, and the citation is: 85 FR 22250. The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.

If you have additional questions, please contact the appropriate Colorado US Army Corps of Engineers office which may be found at: https://www.nwo.usace.army.mil/Locations/District-Offices/Colorado/