Nederland (USA) Town Resolution: Rights of Boulder Creek

Summary

In 2021, the town of Nederland, Colorado adopted a resolution recognizing the rights of Boulder Creek. This resolution is non-binding, meaning it expresses values but doesn’t create enforceable legal frameworks. The resolution states that the Board of Trustees intends to protect the creek by including the rights of nature as a primary consideration in town actions, preparing reports on the health of the watershed and creek, creating community-engagement mechanisms, opposing activities that would violate the creek and watershed’s rights, and developing other measures to protect rights of nature.

In January 2024, the Board of Trustees in Nederland (the town’s legislative body) authorized the appointment of two guardians for purposes of preparing annual reports about the ecosystems’ health and to make recommendations on improving water quality, wildlife habitats and wetlands protection. The board approved residents Alan Apt, an author and former board member, and Rich Orman, a retired lawyer, as the ecosystem’s first guardians. Importantly, the guardians were not given authority to sue or be sued on behalf of the creek.

Repeal
In May 2024, Nederland began reconsidering its rights-of-nature resolution when town officials wanted to build a new dam and reservoir for water storage on Middle Boulder Creek. Save the World’s Rivers filed a formal objection in water court against Nederland’s plan, arguing the dam would violate the creek’s rights. Nederland’s mayor accused the environmental group of using the rights-of-nature resolution as a weapon rather than working collaboratively with the town.

The town board issued a statement saying “Through this process, the Town of Nederland Board of Trustees determined that any continued association with a litigation-first outside organization…is more likely to tie the town’s hands arbitrarily than produce the best outcomes for the town and the environment.” The trustees also warned other Colorado towns that might need water storage, to repeal or reject rights of nature initiatives. Some board members expressed interest in writing a new set of environmental protection policies, and said the decision to repeal the resolution in no way indicates a lack of support or consideration for the environment.

The Nederland town board voted unanimously to repeal the 2021 rights of nature resolution.

Impact Statement

Nederland’s experience illustrates the challenges of implementing Rights of Nature initiatives when they come into tension with competing priorities such as natural resource use, economic development, and urban planning. The decision to repeal its Rights of Nature resolution highlights a fundamental limitation of these non-binding frameworks: without binding legal force, clear institutional authority, or defined implementation mechanisms, such measures risk remaining symbolic rather than providing effective ecological protection. In this case, the resolution did not establish justiciable rights or grant legal standing to guardians.

Involved Organizations