HB 24-1379 Summary

• Establishes a state dredge and fill discharge authorization program to regulate discharges of dredged or fill material into Colorado state waters, including wetlands, in response to the May 2023 Sackett v. EPA Supreme Court decision that narrowed federal jurisdiction

• Requires the Water Quality Control Commission to promulgate rules by December 31, 2025, for individual and general authorizations, with authorization duration capped at 5 years and standards based on federal Clean Water Act Section 404 guidelines

• Exempts specified activities (farming, ranching, structure maintenance, water infrastructure, emergency response) and excluded water types (upland ditches, artificially irrigated areas, groundwater, prior converted cropland) from authorization requirements

• Creates the Clean Water Cash Fund to support program implementation, with initial appropriations of $747,639 for fiscal year 2024-25 and ongoing General Fund transfers of $248,304 starting in 2026-27

• Establishes compensatory mitigation requirements for projects with unavoidable adverse impacts exceeding 0.1 acre of wetlands or 0.03 acre of streambed, and requires annual reporting on program staffing, authorizations processed, and implementation metrics