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Wetlands & Water Quality

Davis Graham & Stubbs LLP has a long and broad history of involvement and a deep team of experienced practitioners in the water quality arena. Our lawyers have served clients for several decades in water quality-related matters ranging from permitting, rulemaking proceedings, administrative and judicial enforcement actions, private party litigation, remedial actions, and transactional matters.

Specifically, we have represented clients before the Colorado Water Quality Control Commission (WQCC) as both proponents and opponents or involved parties in rulemaking proceedings to set water quality standards, classify stream stretches, challenge permit terms, and other matters. We have also represented mineral developers and various other entities in WQCC rulemaking proceedings challenging or supporting various Colorado Water Quality Control Division proposals to set or amend water quality standards for various constituents, designate impaired streams under Clean Water Act (CWA) Section 303(d), issue or deny water quality discharge permits, grant variances from applicable standards or requirements, and similar matters.

Additionally, we have defended against federal and state enforcement actions under the “direct discharge” permit program, pretreatment “indirect discharge” program, and storm water management program and have represented clients in the negotiation of permits and compliance schedules under each of those programs. We have also reviewed and helped develop intergovernmental agreements regarding water quality or related matters for various municipalities. We also have extensive experience with federal permitting and enforcement matters under the CWA Section 404 Program governing discharges of fill material into wetlands and other federal jurisdictional waters. This experience also includes successfully obtaining approved jurisdictional determinations from the Army Corps of Engineers finding that a Section 404 permit is not required for a proposed project.

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