State Review and Permitting

The proposed Wild Horse Reservoir Project is currently in the planning and pre-permitting phase. The Wild Horse Reservoir Project would require several state government review and permit processes. More information will be provided as it becomes available.

Dredge and Fill Permit

The Colorado Department of Public Health and Environment (CDPHE) will be managing review of environmental impacts to wetlands and streams under Regulation 87—Dredge and Fill. This new regulation protects Colorado’s wetlands and streams. It was established to restore environmental protections that were weakened by the 2023 U.S. Supreme Court decision in Sackett v. EPA. Regulation 87 creates a state-led permitting system for activities like mining, reservoir construction, and infrastructure projects that impact “state waters” not covered by federal law.

The Wild Horse South Reservoir site has wetlands that are considered waters of the state but are not under federal jurisdiction.

Dam Safety

The Colorado Department of Natural Resources’ Dams Safety Branch will be ensuring that the project meets the Rules and Regulations for Dam Safety and Dam Construction.

Fish and Wildlife Mitigation

Colorado Parks and Wildlife (CPW) requires a Fish and Wildlife Mitigation Plan for projects impacting sensitive habitats. The plan outlines strategies to avoid, minimize, and compensate for unavoidable harm to Colorado’s fish and wildlife resources in High Priority Habitats, detailing operational best practices (e.g., seasonal restrictions and noise control) and potential compensatory measures (e.g., habitat restoration and credits) to ensure conservation goals are met, aligning with state rules for resource protection.

Highway Crossing Permits

The Colorado Department of Transportation will be reviewing Aurora Water’s utilities permit process for pipelines that cross state highways.