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COLORADO ATTORNEY GENERAL SUBMITS COMMENTS TO EPA OPPOSING PROPOSED RULES THAT REDEFINE “WATERS OF THE UNITED STATES”

DENVER—Colorado Attorney General John Suthers today released comments he submitted to the U.S. Environmental Protection Agency (EPA) regarding proposed revisions to the definition of “Waters of the United States (WOTUS)” under the Clean Water Act. The proposed rulemaking by the EPA and U.S. Army Corps of Engineers seeks to define “Waters of the United States” as any water with “a significant nexus” to navigable waters, which may include tributaries, adjacent waters and “other waters.” Attorney General Suthers contends such an expansion of EPA jurisdiction over waters in Colorado could have devastating economic impacts for farmers, water providers, small businesses and local governments due to the expense of complying with the increased regulation. He also contends the proposed rule infringes on the states’ traditional authority to protect and manage the state’s water resources.

“Contrary to their claims, the EPA and Army Corp of Engineers’ proposed revisions to the definition of ‘Waters of the United States’ poses a significant threat to state sovereignty and an economic threat to businesses and local governments in Colorado,” said Suthers. “I join with the multitudes of other interested parties in asking the federal government to abandon this proposed rule.”
 
The EPA is currently conducting outreach on this topic and holding discussions around the country to gather input needed to shape a final rule. Attorney General Suthers’ comments were submitted to the EPA in addition to others from state agencies in Colorado and various local governments in the state.
 
 
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