Evolution of the Definition of "Waters of the United States": Rulemaking and Jurisdictional Considerations for Colorado

Drew R. Maraglia, Wright Water Engineers, Inc.

It has been nearly 45 years since the passage of the federal Clean Water Act (Act), yet fundamental questions regarding which waters are subject to federal regulatory jurisdiction under the Act remain unanswered. A single jurisdiction-defining phrase, “waters of the United States,” has been the source of uncertainty concerning the Act’s jurisdictional scope. This presentation will cover the evolution of the definition of "waters of the United States," the currently effective regulations in Colorado, and the ongoing rulemaking process to revise the definition of "waters of the United States."

Presented by Drew R. Maraglia

Drew is an aquatic resources scientist at WWE's Denver Office. Drew has expertise in communicating regulatory and technical concepts to stakeholders in an easy to understand manner, helping projects avoid misunderstanding and procedural missteps. Drew has effectively developed strategic partnerships to meet the needs of projects, agencies, and clients. In addition, Drew is an effective project manager specializing in wetlands and waters of the U.S. permitting, vegetation mapping, rare plant surveys, and agency permit negotiations.
Drew has managed several large-scale projects with wetlands and water of the U.S. challenges. Projects under his direct responsibility vary in size and complexity from small area wetland assessments to large scale USACE 404 Individual permit process. Through a focus on quality and responsiveness, Drew has successfully managed repeat work with local agencies and private companies. Drew has a Bachelor of Science degree in Environmental Biology and Management from the University of California, Davis.