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Last modified
1/26/2010 2:57:53 PM
Creation date
10/12/2006 4:13:50 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8271.300
Description
Colorado River Basin Salinity Control Program - General Information and Publications-Reports
Basin
Colorado Mainstem
Water Division
5
Date
2/19/1980
Author
Gregory Hobbs
Title
Colorado Water Quality Law - Protection for Maximum Beneficial Use of Water Rights
Water Supply Pro - Doc Type
Report/Study
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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />v..) <br />I'\) <br />0::) <br />~..~ <br /> <br />effective unless and until the Commission has held "a hear- <br />ing with respect to such standard or regulation and has <br />adopted the same." C.R.S. 1973, 25-8-207 (1) (b). <br />Counties are but subdivisions of the State of <br />Colorado with only those powers granted them by the State <br />Legislature, and cannot challenge the authority of State <br />agencies over it, Board of County Commissioners v. Love, supra, <br />~2 Colo. 121, 125, 470 P.2d 861 (1970). UnderC.R.S. 1973, <br />'30-28-105, Councils of Governments are planning agencies of <br />various political subdivisions of the State of Colorado. <br />They are authorized by Colorado law to receive federal grants <br />for planning purposes but have no regulatory authority. The <br />Governor of Colorado, himself,has only that authority granted <br />to him by Colroado law, and cannot rely on federal Acts to <br />confer authority he does not have. Colorado POlytechnic <br />COllege v. State Board of Community Colleges, 173 Colo. <br />39, 49-50, 476 P.2d 38 (1970). <br />In a significant recent decision involving the role <br />of the Northwest Colorado Council of Governments and Grand <br />County in purporting to regulate water c,iversion facilities <br />through section 208 of the Clean Water Act, Judge Kane of <br />the Federal District Court of Colorado held that the federal <br />Act "does not constitute a grant of substantive powers to <br />political subdivisions of another sovereign." The Northern <br />Colorado Water Conservancy District v. The Board of County <br />Commissioners, ____ F.Supp. (D. Colo., No. 79-K-1767, 1/15/80) <br />(Slip Opinion at p. 5). The Court also stated that: <br />The Clean Water Act provides for <br />designation of planning agencies, <br />but the planning process and the <br />powers that are exercised therein <br />are matters of state law. The only <br />option of the federal government is <br />not to approve plans or planning <br />processes that do not conform to <br />relevant federal criteria. <br /> <br />-13- <br />
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