Threatened and Endangered Species
The requirements of Section 7 and Section 9 of the Endangered Species Act are potentially important considerations for natural resource development projects. ESA requirements arise frequently in connection with the securing of federal project permitting and agency approvals. In Colorado and the Rocky Mountain West, the depletive effects of water use are of potential concern to federally listed species as well as the impacts associated with facilities siting and development. Trout Raley attorneys have substantial experience in securing ESA compliance for natural resource development projects through involvement in ESA Section 7 interagency consultations supporting issuance of favorable biological opinions from the U.S. Fish and Wildlife Service, and through development of habitat conservation plans supporting issuance of Section 10 permits from the Service. In addition, Trout Raley attorneys have a history of involvement in collaborative efforts toward development of species recovery programs to simplify ESA compliance for water users in the West.
Wetlands Regulation
Water development and natural resource projects may unavoidably impact riparian wetlands, streams, and other water bodies. As such, they frequently require an approval under the federal Clean Water Act's Section 404 wetlands permitting program. Successful permitting under Section 404 requires thoughtful planning with a clear understanding of the regulatory criteria, available permitting options, project mitigation requirements, and other key aspects of Section 404. Trout Raley attorneys have substantial experience in wetlands regulation and regulatory compliance under Section 404.
National Environmental Policy Act Compliance
The requirements of NEPA, including those related to preparation of Environmental Assessments and Environmental Impact Statements, arise in connection with federal project permitting and should be considered strategically as part of natural resource project planning efforts. The NEPA process can significantly affect the timing and cost of project implementation. Trout Raley attorneys have a wealth of experience in NEPA compliance involving planned water facilities and other natural resource project development efforts.
Water Quality
Protecting the quality of water supplies, a primary goal of water providers, can also become a regulatory obligation on such providers and/or other water users. Trout Raley attorneys have experience navigating the complex regulatory framework of state and federal water quality law.
Project Permitting
A critical component in the planning, construction and operation of Water Supply Facilities is securing the needed regulatory agency approvals and permits. Trout Raley attorneys have substantial experience in project permitting and compliance for water projects under a broad range of federal, state and local statutes and regulatory programs. These include the Endangered Species Act, Clean Water Act Section 404 wetlands program, Federal Land Policy and Management Act, National Forest Management Act, National Environmental Policy Act, National Historic Preservation Act, state historic properties laws, state 401 water quality certification program, and local 1041 permitting.
