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<br />e <br /> <br />e <br /> <br />e <br /> <br />Interior's "Working Group," I also discussed our concerns with the Western States Water Council and <br />discovered that our concerns and questions are widely shared. I am told that Tribal water officials are as <br />uncomfortable with the draft report as non-Tribal water users, <br /> <br />The meeting between members ofInterior's Working Group and water users that I am organizing <br />this week is likely to attract strong participation fro!1l other states and the Tribes (assuming our selection <br />of a date doesn't conflict with too many other events), Tim Vollman and Margot lallen have expressed <br />strong interest in discussing our concerns before finalizing their recommendations to Secretary Babbitt, <br />but they also express an urgency to complete their tbree-year assignment. Given the interstate character of <br />the expected participants, we are looking for a site near Denver International Airport and planning an <br />agenda that assures we can quickly identify the highest priority concerns and establish a constructive <br />means for suggesting improvements, The frustrations raised by Tribal officials are not unfamiliar to other <br />water users, but coordinating this discussion among so many concerned experts will be a chalIenge! <br /> <br />TMDL Update: The EP A has extended the comment period on the proposed regulatory revisions <br />to the Total Maximum Daily Load (TMDL) Progranl, the National Pollutant Discharge Elimination <br />System (NPDES) Program and Water Quality Standards (WQS) Program to Jan, 20,2000, The Colorado <br />Water Quality Control Commission (WQCC) discussed the TMDL rule at a hearing on Nov 8 and 9, <br />including testimony prepared for the,Senate Environment and Public Works Committee, WQCC is now <br />in the process of drafting a letter to the EPA about the rules, Copies of the testimony, the letter and more <br />information about this subject may be found at htto:l/www.cdohe.state.co.us/Wq/wqcc/eoatmdLhtmL <br /> <br />Colorado's testimony and proposed comment letter has become the basis ofa WSWC letter that is <br />being prepared. The WSWC letter, however, is expected to go beyond the Water Quality Control <br />Commission's COIIl1l1ents by addressing some ofthe particular flow related questions that may arise in the <br />future, For example, a federal agency charged with examining a permit application might require a <br />dilution flow to address a TMDL priority even though the WQCC has no authority under state law to <br />require such flows to address water quality problems, We will remain involved in the issue and keep you <br />appraised of developments as they occur, We are also considering sending our own comment letter <br />following additional discussions with the DWR and DNR and plan to discuss the proposed comments <br />under Agenda Item 21(b). <br /> <br />Clean Water Act Amendment Might Preclude Colorado from Incentives: In January 1999, <br />Sen. Wyden introduced, the "Water Conservation and Quality Incentives Act" (S, 188), The bill proposes <br />to amend the Clean Water Act to authorize the use of state water pollution control revolving funds for <br />assistance to eligible recipients for construction of water conservation improvements and of water quality <br />improvements or practices, However, it restricts the definition of "eligible recipients" to those located in a <br />state that: (1) provides a water user who invests in water use efficiencies with a right to use water saved <br />by the improvement; (2) provides authority to reserve minimum flows of streams; and (3) prohibits <br />transactions that adversely affect existing water rights. The eligibility limitations also bar the use of water <br />conserved through such improvements for the irrigation of land that has not been previously irrigated. A <br />hearing was held on the bill on Oct. 13 and there are currently two cosponsors, <br /> <br />Clearly, Colorado water users would not be eligible for funding with these restrictions and we may <br />want to oppose this bilL We are evaluating these concerns and plan to present our assessment in January, <br />Meanwhile, for more information see htto://thomas.loc.gov/cgi-binlbdquervlz?dI06:s,00188, <br /> <br />5 <br />