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, \ tu-'\.. 001519 STATE OF COLORI\DO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone 13031 866,3581 fAX 13031866,3589 RECEIVED MAY 2 9 1997 CoIOfado Water Conservation Board Roy Romer Governor lames S. Lochhead hecutj...€ Director May 29, 1997 Hal D. Simpson State Enginf'er Mr. Paul Frohardt Water Quality Control Commissioner WQCC-CC-B2 4300 Cherry Creek Drive South Denver. Colorado 80222-1530 Subject: Comments Concerning Revisions to Water Quality Classification and Standards for Surface Waters in the South Platte River Basin Dear Paul: This is to clarify the comments we previously sent (via the State Engineer's letter dated March 26,1997 and the Colorado Water Conservation Board's letter dated April 3, 1997) to the Water Quality Control Commission (WQCC) regarding the proposed revisions to water quality classification and standards for surface waters in the South Platte River Basin. Pursuant to Section 25-8-104, C.R.S., the Office of the State Engineer (SEa) and Colorado Water Conservation Board (Board) review these proposals to evaluate the potential for material injury to water rights. Specifically, our comments were in response to the proposed reviSIons to ammonia standards on West Plum Creek, which prompted the Perry Park Water and Sanitation District (Perry Park) to express concerns about potential ~mpact on the exercise of its : oecreed water rights. In our previous letters, we indicated thanhe proposed change in the ammonia standards could have an impact on Perry Park's ability to exercise its water rights in accordance with its decreed augmentation plan. However, we did not intend to discourage any revisions to the ammonia standards deemed appropriate by the WQCC. The provisions of Section 25-8-104, c.R.S., contemplate that it is the discharger's responsibility to comply with the water right administration requirements. In this instance, if as a result of complying with the new standards, Perry Park's consumptive use increases and its return flows decrease, then Perry Park may either choose to limit its ground water withdrawal or provide adequate replacement water to prevent injury to other water rights.