In November 2025, the EPA and U.S. Army Corps proposed a revised Waters of the United States (WOTUS) rule that would narrow which wetlands and streams are federally protected under the Clean Water Act, largely excluding waters without a continuous surface connection to larger water bodies. This change follows the Supreme Court’s Sackett v. EPA decision and could impact a large portion of seasonal/intermittent and isolated bodies of water nationwide, especially in the Mountain West where many waters are seasonal or groundwater-fed.
In response to this reduced federal scope:
🔹 Colorado is taking legislative action to restore state protections for wetlands and streams that could lose federal protection.
🔹 New Mexico is also taking legislative action to strengthen its own safeguards for waters that fall outside the narrower federal definition.
Currently, the EPA is reviewing public comments and may revise the rule before finalizing. Stay tuned!
Sources:
https://www.epa.gov/wotus
https://cdphe.colorado.gov/press-release/gov-jared-polis-signs-legislation-to-protect-colorados-wetlands-and-streams-provide
https://www.governor.state.nm.us/2025/04/08/governor-signs-strategic-water-supply-and-environmental-protection-bills-state-acts-to-protect-all-surface-waterbodies-a-targeted-response-to-the-2023-u-s-supreme-court-ruling-that-narrowed-federa/
