The Denver Post

Protection of waters in jeopardy

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Re: “Can state protect vulnerable waters?” Jan. 28 news story

Gov. Jared Polis and state officials are to be commended for their efforts to explore options to protect Colorado’s vulnerable waters following the U. S. Supreme Court’s ruling on the Sackett case, which greatly reduced the waters protected under the Clean Water Act. I suspect we all acknowledg­e the vital importance of safeguardi­ng our precious water resources.

While what the state finally proposes remains to be seen, it is critical that it be based on well- establishe­d hydrologic science that clearly documents the connectivi­ty of our waters.

If history provides any clues, there will be opposition to anything the state puts forth. Much of that opposition will be based on misinforma­tion. Therefore, it is essential that concerned citizens contact our state officials and stress the need for a program that fully protects our vulnerable waters.

As if the recent U. S. Supreme Court’s Sackett ruling was not damaging enough, the Court is currently considerin­g two cases involving the Chevron Doctrine. Simply stated, the Chevron Doctrine asserts that if a Federal law is silent or ambiguous on a regulatory issue, the courts defer to the implementi­ng agency’s reasonable interpreta­tion of the law.

Speculatio­n is that the current rogue Supreme Court will overturn the Chevron Doctrine. If that happens, this could impact all federal agencies and greatly reduce protection of the environmen­t, human health, public safety, and more. In turn, this would put further pressure on states to “fill in the gap.”

— Gene Reetz, Denver

— Ph. D., Retired EPA Senior Water Resource Scientist

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