New law targets Colorado’s wastewater permit backlog and costs

• Senate Bill 305 will create clearer timelines for wastewater permits.
• Smaller towns say current standards are too strict and unaffordable.
• Ault’s 9-year-old wastewater plant already falls short of new rules.
• The law allows hiring outside help to speed up the process.
• New rules must be finalized by the end of 2027.

Monday, June 9, 2025 — Last week, Jerd Smith of Water Education Colorado reported that Colorado has passed a new bipartisan law to overhaul its troubled water quality permitting system. Senate Bill 305, sponsored by members of both parties and supported by local governments, is designed to address long delays in the state’s wastewater discharge permitting process—delays that have left many communities operating under outdated or expired permits. These permits are required under the federal Clean Water Act and play a crucial role in protecting rivers and streams from harmful discharges.

Many small towns say they cannot afford to upgrade their facilities fast enough to meet new standards. “This bill is a reset in the relationship between the Colorado Department of Public Health and Environment and local governments that both sides believe will result in better communication, collaboration and ultimately better water quality,” said state Sen. Jeff Bridges, chair of the Joint Budget Committee, as quoted by Water Education Colorado.

New Flexibility and Deadlines Set by SB 305.

Senate Bill 305 gives the Colorado Department of Public Health and Environment until December 31, 2026, to create a plan to reduce the backlog and until December 31, 2027, to establish clear rules for reviewing permits. The law also authorizes towns to use independent engineers or consultants to move their permit applications forward more quickly.

For example, the town of Ault recently received a new permit, but its nine-year-old wastewater facility cannot meet the updated standards, according to reporting by Water Education Colorado. CDPHE has agreed not to take enforcement action while Ault explores whether minor upgrades can bring the plant into compliance. According to Grant Ruff, the plant operator, a complete rebuild could cost up to $30 million—a steep price for a town of just over 2,000 residents.  While Ault may still face costly upgrades, towns applying for permits in the future may benefit from the law’s new requirement that the state evaluate a community’s ability to pay before issuing mandates.

Image Credit:

Town of Ault from the town’s website.

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