401 water quality certification

As of July 1, 2016, certification fees are now in effect.
We review and issue water quality certifications under Section 401 of the federal Clean Water Act for projects or actions applicable to the provisions of the Colorado 401 Certification Regulation (No. 82: 5 CCR 1002-82).
This regulation applies to:
  • Permits issued to construct or operate a facility by the U.S. Army Corps of Engineers pursuant to §404 of the Clean Water Act.
  • Federal Energy Regulatory Commission licenses for hydropower projects.
  • Other federal permits that involve a discharge into Colorado water, including permits issued by the U.S. Environmental Protection Agency (EPA) pursuant to §402 of the federal act.
  • Fee Table Breakdown.
Beginning July 1, 2016, fees will be imposed for all 401 water quality certifications. In 2015, the legislature approved amendments to certain fees associated with the Water Quality Control Division. The amendments authorize the division to create an application fee for issuing Clean Water Act, Section 401 water quality certifications for water supply projects. The fee structure is based on four tiers. Tier 1 and 2 projects are flat fees and Tier 3 and 4 are based on hourly rates. The table provides a summary of the fee structure and the qualifiers for each tier.  
Fees for Tier 1 and 2 projects are to be submitted at the time of the application. Projects will not be public noticed until such fees are received. Please contact us if you are planning on submitting an application for a Tier 3 and 4 project for the specific details about the fees.
Make checks payable to Colorado Department of Public Health and Environment (CDPHE)

Certification resources

Water quality certifications
(401 certification public notice)
More resources