Board Meeting 09/08/1983

• Board Meeting Date: 9/8/1983
• Description: Minutes, Agenda, Memorandums September 08,09, 1983
• Board Meetings - Doc Type: Meeting

Proposed Amendments to Clean Water Act of 1977 (Item 11)
Mr . McDonald discussed the status of reauthorization of the
Clean Water Act of 1977 by Congress this year . In particular , he
described two amendments of interest concerning a non point
source pollution regulatory program and proposed clarification of
the section 404 jurisdiction of the Corps of Engineers (see
Appendix G) . Both House and Senate versions are progressing , and
it was reported that Senator William Armstrong is considering an
Administration version. It was agreed to consider that version
at the next meeting .
Mr . Jackson moved , seconded by Mr . Johnston, that the
Attorney General proceed with an appeal of the Riverside case
with the understanding that the appeal be based upon the precise
narrow statutory construction of the issue in the Clean Water Act
and not on a compact basis .
Mr . Robbins moved , seconded by Mr . Jackson , that the con-
gressional delegation be informed of the Board ' s opposition to
the last provision concerning rights of downstream states in the
nonpoint source pollution regulatory program. The motion carried
on a unanimous voice vote .
Mr . Jackson moved , seconded by Mr . Robbins , that a letter be
sent to Senators Hart and Wallop expressing the need for a legis-
lative remedy to Judge Kane ' s decision in the Riverside case •
which affects the intent of section 101(g) to protect State ' s
water rights , which the decision ignores , as a complement to the
judicial appeal to clarify legislative intent. The motion
carried on unanimous voice vote .
Mr . Robbins moved , seconded by Mr . Getz , that a letter be
sent to the congressional delegation expressing support for a
clarifying amendment to establish an exemption for irrigation
ditches and appurtenant irrigation features . Motion carried on a
unanimous voice vote .
Resolution Concerning U.S . Soil Conservation Service Study of
Lone Tree Creek Basin ( Item 12)
Mr . McDonald described the need for a study of solutions to
persistent flooding problems in the basin tributary to the Cache
la Poudre River . The Weld County Commissioners ask that the
Board support a request to the SCS for a basin-wide study to in-
clude hydrologic analyses of flood frequency discharges . State
support is a valuable consideration in an SCS decision to under-
take such a study.
Mr . Robbins moved, seconded by Mr . Vandemoer , that the
proposed resolution be adopted (see Appendix H) and that the
Director send a letter to the Weld County Commissioners
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