BOARD00585

• Board Meeting Date: 11/23/1998
• Description: Federal "Clean Water Action Plan" and EPA's Advance Notice of Proposed Rule Making - Status Report
• Board Meetings - Doc Type: Memo

to rural communities, EPA should strengthen the voluntary, incentive-based nature of
existing non-point source control programs such as those promoted under Section 319."

Again, there is substantial information available regarding how agricultural activities pollute our
nation's-and our state's-waterways, For starters, one need go no further than Colorado's
latest 305(b) report. Moreover, even the USDA has recognized the significant role that
agricultural runoff plays in polluting the nation's streams; it Was for this reason that the agency
established the Environmental Quality Incentives Program, Therefore, TV recommends that
CWCB redraft this sentence as follows:

Withoat strong evidence that agrieulttlral acti'lities are causing significallt barriers to tile
successfal implementatian afthe CW/\. ~ In evaluating changes to the water quality
standards program that would impose new requirements on currently unregulated
agricultural activities, EPA should examine an evaluation afthe potential economic
, '
impact to rural conimunities,~ In addition to, or in lieu of changes and additions to its
water quality standards program, EP A should also continue to explore WlryS to
strengthen the voluntary, incentive-based nature of existing I)on-point source control
programs such as those promoted under Section 319.

4, "EP A's interest in establishing new or broader organizations is causing concerns that EP A '
seeks to influence the priorities or the balance of powers within or among existing
. . "
organIzatIons,

There are varied regulatory and non-regulatory interests who have taken up the banner of
watershed councils. Solving Clean Water Act issues has been one of the many reasons that
federal, state and local interests have formed watershed councils in the last decade. The Board's
concern about proliferation of such councils is valid; however, the Board must recognize that
such councils have been and will remain a useful tool under the Clean Water Act, just as they are
for solving other problems. TV is surprised, given the Board's strong bias in favor oflocal and
state action, that the Board would object to EPA's proposal to make watershed councils a more
important forum for the resolution of Clean Water Act matters, TV recommends replacing this
sentence in its entirety as follows:

If, or to the extent EP A identifies the need to establish new watershed councils to enable
progress within the water quality standards program, EP A should ensure, consistent with the
principles of the Reinventing Covert/mentInitiative, that there is not a proliferation of local
organizations, requiring duplicative efforts by interested parties.

5. "EPA's ANPRM does not appear torecognize the Prior Appropriation Doctrine ...."

TV believes that the language that the Board staff has suggested is unnecessarily hostile and
condescending here and recommends that the phrase "appear to recognize" be changed to
"mention."

6. "If flow criteria, for example, are developed without regard for the obvious dependence of
many existing communities on water storage and diversion facilities and the obvious effects

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