The division regularly updates regulations, guidance, and policies. We want to hear from you about these proposals. Whether you are a public member interested in what the state is doing or a regulated entity impacted by these measures, we want your feedback. The information on this webpage reflects current efforts you should be aware of and possible engagement opportunities.
Engagement calendar
Engagement email notifications
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Water quality public notices
Public notices inform the public of an activity that the division is looking for feedback on, such as:
- Permit actions and proposals
- Construction projects impacting water
- Enforcement actions
Water quality information bulletin
The water quality bulletin is a monthly publication that summarizes public notices of recent division activities related to protecting lakes, streams, and groundwater.
Current or Upcoming Engagement Opportunities
Below are different efforts and proposals the division is looking for feedback on. We welcome anyone to attend the upcoming meetings associated with each topic, learn about the proposal, and provide feedback.
303(d) Listing Methodology
Every two years, the division revises the 303(d) List of waterbodies that do not meet water quality standards as required by the Federal Clean Water Act.
The 303(d) Listing Methodology workgroup considers revisions to the methodology, and meetings will occur monthly from September through November 2023. At the end of these meetings, the division will propose revisions to the listing methodology that the Water Quality Control Commission will consider through an administrative action hearing scheduled for March 2024.
COG641000 – Water Treatment Plant Wastewater Discharge General Permit
The Water Quality Control Division has started a stakeholder engagement process to renew the COG641000 water treatment plant discharge permit. The division will host meetings during this effort; all current permittees are invited to participate.
After the scheduled meetings, the division will release a draft COG641000 renewal permit. Stakeholders will have the opportunity to provide input on the draft permit through a public comment period. After the public comment period has closed, the renewal permit will be issued, and the division will begin renewing and re-issuing all existing permit certifications.
Lead and Copper Rule Revisions (LCRR)
The EPA recently published the Lead and Copper Rule Revisions (LCRR) that include significant changes to the current Lead and Copper Rule. The goal of the LCRR is to better protect communities from lead exposure in drinking water. EPA has also announced its intention to further strengthen regulatory requirements through the Lead and Copper Rule Improvements (LCRI), which they plan to finalize in late 2024.
Policy 10-1: Aquatic Life Use
Aquatic life use focuses on protecting surface waters to support the health of aquatic ecosystems. Benthic macroinvertebrates (aquatic insects) show the health of a stream or river. The Water Quality Control Division monitors and assesses these organisms to determine the status of aquatic life use through Policy 10-1.
In Oct. 2024, the division will begin an engagement process to renew and update the policy. To complete the technical work, the division will partner with a consultant (Tetra Tech). At the end of these meetings, the Water Quality Control Commission will consider the division’s Policy 10-1 proposal through an administrative action hearing scheduled for Aug. 2025.
Policy 98-1: Sediment Guidance
Policy 98-1 explains how to apply the narrative standards for sediment deposits that may harm beneficial uses in Colorado's surface waters. Beneficial uses include public drinking water, agricultural, industrial, and recreational services, and wildlife.
Starting in November 2023, the Water Quality Control Division will launch a stakeholder effort to review past updates and analyze the division’s technical work to establish a new sediment region in Policy 98-1. The division plans to end sessions in June 2024, followed by an administrative action hearing by the Water Quality Control Commission in November 2024.
Quarterly Clean Water Webinars-Permits
The Water Quality Control Division has quarterly webinars for Colorado Discharge Permit System permittees. These webinars provide permittees with up-to-date information on division permitting activities that could affect permittees and their future permits. Sometimes, there are opportunities to provide feedback. The webinars are open to the public; anyone is welcome to attend.
Regulating per- and polyfluoroalkyl substances (PFAS) in drinking water
On April 10, 2024, the Environmental Protection Agency (EPA) finalized the PFAS National Primary Drinking Water Regulation to reduce PFAS exposure in drinking water. The rule sets levels for six (6) PFAS chemicals in drinking water to protect people's health. The rule applies to community and non-transient, non-community water systems. Beginning in Aug. 2024, the Water Quality Control Division will host virtual meetings to discuss the adoption of EPA’s PFAS Rule under the Water Quality Control Commission’s Regulation No. 11. At the end of these meetings, the Water Quality Control Commission will consider the division’s proposal for Regulation No. 11 through a rulemaking hearing scheduled for Aug. 2025.
Reg. 22 – Site Location and Design Regulations for Domestic Wastewater Treatment Work
The division is hosting routing discussions on the last Monday of each month until May 2023 to determine the feasibility of future regulatory changes for construction flexibility and historical infrastructure that does not have documentation demonstrating site location and design approval.
Reg. 43 – On-site Wastewater Treatment Systems (OWTS)
Regulation 43 sets minimum standards for how small wastewater treatment systems in Colorado should be located, designed, constructed, and used. County health departments use these minimum standards to create rules, including permit application requirements, issuing permits, system inspection, and system maintenance.
Starting in August 2023, the division will hold meetings to discuss possible changes to the regulation. The division plans to end sessions in August 2024, followed by a rulemaking hearing by the commission in Spring 2025.
Reg. 82 - 401 Water Quality Certification Process
A 401 water quality certification is an official approval issued by the Water Quality Control Division. The division is required to issue 401 water quality certifications for any project that requires an individual 404 permit, which is issued when dredged or fill materials are placed in Colorado’s water systems. This ensures that projects releasing dredge and fill materials do not negatively impact water quality, promoting the overall health of the state's water.
Regulation 82 sets rules for how the division manages 401 water quality certifications in Colorado. The division can grant, grant with conditions, deny, or expressly waive certifications for federal licenses and permits under section 401 of the federal Clean Water Act (CWA).
Reg. 86 – Graywater Control
On May 7, 2018, the Water Quality Control Commission held an informational hearing to gather feedback for a proposed rulemaking scope to update Regulation 86 - Graywater Control Regulation. The division initiated the stakeholder engagement process and placed the effort on hold due to competing obligations, limited resources, and the COVID-19 pandemic.
The division presented an update on the stakeholder engagement schedule with the Commission in May 2021 as part of the triennial review process. As a result of the meeting, the stakeholder engagement schedule for Regulation 86 was postponed until 2022.
Reg. 87 - Colorado Dredge and Fill Program Implementation (HB24-1379)
On May 30, 2024, House Bill (HB) 24-1379 was signed into law. The enactment of HB24-1379 resulted from the U.S. Supreme Court’s decision in Sackett v. EPA, which drastically limited the scope of protection under the federal Clean Water Act (CWA). HB24-1379 directs the Water Quality Control Division to develop a dredge and fill authorization program and the Water Quality Control Commission to establish permitting and mitigation rules by Dec. 31, 2025. The outcome will be Regulation No. 87, a control regulation for avoiding and minimizing the negative impacts of dredge and fill activity.
Starting in Sept. 2024, the division will host stakeholder meetings for the implementation of HB24-1379 and to discuss the topic of regulating dredge and fill activities in Colorado. At the end of these meetings, the Water Quality Control Commission will consider the proposed regulation through a rulemaking hearing.
Suncor Permit Renewal
Suncor has two permits that allow for the discharge of pollutants into Sand Creek, which are up for renewal in 2021, CO0001147 and COS000009. CO0001147 allows Suncor to discharge refinery process wastewater and remediated groundwater into Sand Creek. COS000009 allows Suncor to discharge stormwater off its site into Sand Creek. Before renewing these permits, the division must include requirements and identify pollutant limits that will protect Sand Creek and downstream waters to maintain their beneficial uses (such as recreation, fishing, agriculture, and drinking water). The division seeks community input on the requirements and pollutant limits needed to protect Sand Creek and downstream waters.
Water Quality Fee Setting Rule
The fees that support the division are set in statute, and federal funding has remained flat through the years making it difficult to achieve long-term fiscal sustainability and provide a higher level of customer service. The Water Quality Fee-Setting by Rule proposal removes clean water and drinking water fees from statute and instead directs the Water Quality Control Commission to set fees in regulation.
Water Quality Roadmap
Excess nutrients can degrade the quality of our drinking water, impair recreational boating and fishing experiences, and harm fish and aquatic species. The EPA and the commission have directed Colorado to adopt nutrient criteria to protect our streams and lakes. In October 2017, we established a water quality roadmap that outlines our strategy for developing nutrient criteria and other water quality priorities over ten years from 2017 to 2027.
