EPA proposes to give Colorado primacy to protect underground water resources

March 26, 2026

The U.S. Environmental Protection Agency announced on March 19 its proposed approval of the state of Colorado’s request to administer permitting for Class VI underground injection wells (UIC) under the Safe Drinking Water Act (SDWA).

The EPA is accepting public comments on the proposal through May 4.  

After conducting a comprehensive technical and legal review, the EPA is seeking comment on whether Colorado’s proposed UIC program meets all requirements for approval and that the state will implement and enforce the program consistent with the SDWA.   

To date, six states have received primacy for Class VI wells, including North Dakota and Wyoming in EPA Region 8. Click here for more information about UIC primacy is available on the EPA website.  

The EPA is requesting public comment on the agency’s proposed decision for 45 days after the proposal is published in the Federal Register. The public can comment on the proposal online through the Federal Register using Docket ID No. EPA-HQ-OW-2025-2829.  

The EPA will hold a public hearing virtually from 5-8 p.m. MST on April 23. Registration for the hearing is available online or by email at UICprimacy@epa.gov.