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<br />Page 4 <br /> <br />3.9.8 <br /> <br />e <br />N <br />~ <br />t,.l.) <br /> <br />The standard adopted reflects the basinwide approach for controlling <br />salinity which has been endorsed by Congress, affected federal agencies, <br />and the Colorado River basin states for several years. The rationale <br />for using the basinwide approach is thoroughly documented in the record. <br /> <br />This approach has been developed by the Colorado River basin states <br />through the Colorado River Salinity Control Forum ("Forum"). <br /> <br />Colorado has consistently participated in the basinwide approach for <br />controlling salinity, It continues to do so through the Forum which <br />is now preparing its proposed 1981 update. That will be before the <br />Commission within a few years. Furthermore, the standards continue <br />to be met, and will certainly be achieved for the next several years. <br />Questions or concerns regarding the approach taken can be raised again, <br />if appropriate, as a part of the next update review. <br /> <br />The basinwide approach is followed through the adoption of the water <br />quality standard as a regulation with separate adoption of the 1978 <br />proposed revision by the Forum, the supplement thereto, and the Third <br />Annual Progress Report as statements of the Commission's policy. The <br />. linkage between the standard and the policy is found in Section 3.9.5 <br />Separating these two actions better meets the requirements of the Colo- <br />rado Water Quality Control Act and the Clean Water Act. This approach <br />is the best method to follow to comply with the established water qual- <br />ity management programs of the two acts. While the Commission recog- <br />nizes the continuing importance of a plan of implementation, applicable ( <br />federal law does not require such a plan as part of the standard. Also, <br />the form and substance of that document is appropriate as a policy state- <br />ment rather than as a regulation. <br /> <br />Should any aspect of the plan be amenable for adoption as a regulation, <br />a regulatory hearing may be held to consier adopting such a regulation. <br />The only aspect of the plan of implementation which is now amenable to <br />adoption in a regulatory format is the NPDES policy. That was adopted <br />as a regulation sometine ago by the Commission. <br /> <br />STATEMENT OF BASIS AND PURPOSE REGARDING AMENDMENT TO SECTION 3.9.5 <br />OF COLO~ADO RIVER SALINITY STANDARDS <br /> <br />A review of section 3.9.5 in.1982 demonstrated a need for amendment <br />of section 3.9.5 consistent with the most recent triennial review <br />of the Plan of Implementation for Salinity Control for the Colorado <br />River System. Testimony was received by the Commission supporting <br />the multi-state basinwide approach to Salinity Control, and the <br />Commission felt this testimony and the other evidence in the record <br />justified the Commission's action. Accordingly, section 3.9.5 was <br />revised to reflect the Commission's most recent adoption of the <br />triennial report by the Colorado River Basin Salinity Control Forum <br />and supplemental report thereto as a policy statement on future <br />triennial reviews without having to revise section 3.9.5 each time. <br /> <br />J <br /> <br />r " <br />,'~\ <br />.'\Q\ <br />":';~ <br />, ~ . <br />THE CODE OF COLORADO REGULATIONS ':f\~ <br /> <br />5 CCR 1002.10 <br />