Federal Permitting
National Environmental Policy Act (NEPA)
The location of the Proposed Action for the Wild Horse Reservoir Project includes two parcels for which the Bureau of Land Management (BLM) has surface and mineral rights. To begin the permit review process, Aurora Water submitted a request for a right-of-way for the parcels managed by BLM. This triggered the National Environmental Policy Act (NEPA) process.
Project Alternatives
The environmental review process lead by BLM will evaluate several project alternatives.
The National Environmental Policy Act (NEPA) is a foundational U.S. environmental law established in 1970 and requires federal agencies to assess the environmental impacts of proposed projects before making decisions. NEPA applies to a broad spectrum of projects involving infrastructure that require federal permits or oversight. The law ensures that the proposed action’s environmental, social, and economic effects are considered in project planning and decision-making, thus protecting ecosystems, water quality, wildlife, historical sites, and public health.
For the proposed Wild Horse Reservoir Project, the Bureau of Land Management (BLM) is the lead federal agency for NEPA. BLM will lead the Environmental Impact Statement (EIS) that evaluates several factors, including potential impacts to the environmental, cultural and historic resources, land use and socioeconomics, wildlife, and public health.
Prior to 2020 it could take years from the time the NEPA process formally began, which is known as the Notice of Intent (NOI), until a formal decision was made on how to proceed with a project, which is known as the Record of Decision (ROD). This lengthy process was primarily due to the extensive efforts required in developing the EIS. This includes gathering information about the baseline conditions of the proposed project site and identification of several alternatives. Ongoing efforts include scoping and preliminary environmental assessments, data collection, and baseline studies on ecology, hydrology, and cultural resources to establish existing conditions. This information, along with further analysis, is then used to assess potential project impacts.
The NEPA process also includes opportunities for public involvement, known as public scoping, which requires planning and coordination to ensure that stakeholders have an adequate opportunity to understand and weigh in on the impacts of a proposed project and project alternatives. Public involvement takes shape in the form of notices, opportunities for comment, and public hearings.
In 2020, NEPA regulations changed to streamline the agency review process and reduce project timelines. Among other changes, agencies were directed to complete an EIS within two years of the NOI. This shortened timeline means that all the information needed to inform the EIS must now be gathered before the formal study starts. Early consultations with key stakeholders and cooperating agencies may take place ahead of the NOI. However, all public involvement required for public scoping must also occur within the two-year timeframe.
Currently, activities for the Wild Horse Reservoir are in this pre-permitting stage. BLM will not announce the NOI and public scoping until all preliminary information needed to inform the EIS is prepared. These preparatory steps ensure that the NEPA study is comprehensive, allowing for a more efficient and effective assessment once it officially begins. NOI is expected to be published in 2026.
With landowner permission, natural resource and cultural surveys were conducted on the proposed project site and alternatives in 2025. The information gathered from these surveys will be used for the evaluations that are part of the EIS process.
Alongside BLM are a group of organizations known as “cooperating agencies” that have jurisdiction over some aspect of the project or have special expertise regarding a potential impact from the project. Aurora Water has been meeting with these agencies frequently and sharing preliminary reports so they can provide valuable feedback in their areas of expertise. We are grateful for the work conducted by BLM on this process to date and the cooperating agencies who have been sharing their expertise with Aurora Water on the Wild Horse Reservoir Project:
- U.S. Army Corps of Engineers (USACE)
- U.S. Environmental Protection Agency (EPA)
- U.S. Fish and Wildlife Service (USFWS)
- Bureau of Reclamation (BoR)
- Colorado Department of Natural Resources (DNR)
- Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division
- Colorado Parks and Wildlife (CPW)
- Park County
- Headwater Authority of the South Platte (HASP)
- Southeastern Colorado Water Conservancy District (SECWCD)
