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<br /> <br />CHAPTER 2 <br />"';'.. CB PRINCIPLES <br /> <br />SECTION 2 <br />ewcs OPERATING <br />PRINCIPLES <br /> <br />COLORADO <br />FLOODPLAIN AND STORMWATER CRITERIA MANUAL <br /> <br />12.11 <br /> <br />WATER RIGHTS <br /> <br />When drainage systems interfere with existing water rights, the value and use of the <br />water are affected The existing drainageways and storage locations frequently <br />mterrelate with the waler nghts. which should be addressed when planning the <br />facility to preserve their integrity. <br /> <br />Ditches that have direct flow rights from a stream are controlled by headgates. <br />Drainage improvements. which alter the quality (or quality) of the water available to <br />the headgate. affect the ability to divert water. Other ditches obtain all or portions of <br />the rights by intercepting the shallow groundwater (seepage right). If the water right <br />has not been abandoned or transferred to another location, the drainage deign <br />(including the sub-surface system) should be planned and constructed to preserve <br />the water right. Similar situations can also occur when planning drainage facilities <br />near reservoirs <br /> <br />OPERATING PRINCIPLE <br /> <br />THE CWCB RECOGNIZES THE IMPORTANCE AND EXISTENCE OF <br />CONDITIONAL AND ADJUDICATED WATER RIGHTS IN COLORADO. ALL NEW <br />DRAINAGE FACILITIES SHOULD BE PLANNED AND CONSTRUCTED WITH <br />PROPER RECOGNITION GIVEN TO THE EXISTING WATER RIGHTS AND <br />APPLICABLE WATER LAWS. DRAINAGE SYSTEMS HAVE THE POTENTIAL <br />TO INTERFERE WITH EXISTING WATER RIGHTS. THEREFORE, THE VALUE <br />AND USE OF WATER RIGHTS SHOULD BE ADDRESSED DURING PLANNING <br />AND IMPLEMENTATION OF DRAINAGE FACILITIES WHERE APPLICABLE. <br /> <br />2.12 WATER QUALITY <br /> <br />A number of studies by the Environmental Protection Agency (EPA) and others have <br />shown thaI site disturbances due to construction and resulting urbanization <br />decreases the quality of stormwater runoff from the natural conditions. Degraded <br />stormwater runoff quality can have significant adverse impacts on the aquatic <br />ecosystem of the receiving water body, thereby ultimately impacting the quality of life <br />In adjacent communities <br /> <br /> <br />';i~'1l <br />,~\".- <br />-\) ( <br />~ <br /> <br />- <br />. <br /> <br />APRIL 2004 <br /> <br />CWCB OPERATING <br />PRINCIPLES <br /> <br />In 1972, Congress <br />passed what is currently <br />referred to as the Clean <br />Water Act (CWA). The <br />Act established the <br />National Pollutant <br />Discharge Elimination <br />System (NPDES) <br />program. On December <br />8. 1999, EPA published <br />final rules for the Phase <br />II stormwater program. <br />Until recently, efforts <br />under the NPDES <br />program have focused <br />on non-stormwaler <br /> <br />CH2-210 <br />