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<br />. <br /> <br />. <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Department of Natural Resources <br />Colorado Water Conservation Board <br />Division of Water Resources <br />www.dnr.state.co.us <br /> <br />Q <br /> <br />June 26, 2000 <br /> <br />Bill Owens <br />Governor <br /> <br />. Greg E. Walcher <br />Executive Director <br /> <br />Mr. Paul Frohardt <br />Water Quality Control Commissioner <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80222-1530 <br /> <br />Re: Comments Concerning Proposed Revisions to the Surface Water Basic Standards <br />and Methodologies <br /> <br />Dear Paul: <br /> <br />Thank you for consulting with the Colorado Water Conservation Board (CWCB) and the <br />Division of Water Resources (DWR) on June 13,2000 regarding the Water Quality Control <br />Commission's (WQCC) July 10, 2000 rulemaking hearing. The hearing will focus on proposed <br />revisions to the basic standards and methodologies for surface water proposed by the Farmers <br />Reservoir and Irrigation Company (FRICO) and the City of Thornton. Pursuant to Section 25-8- <br />104, C.R.S., the CWCB and DWR have reviewed this proposal to evaluate the potential for <br />material injury to water rights. <br /> <br />The WQCC will examine three specific proposals. The first proposal recommends <br />prohibiting the Water Quality Control Division from using table value standards to assess the <br />adequacy of water quality protection for any specific classified use. The second proposal makes <br />more stringent the statewide classification for Fecal Coliform, Nitrate and Phosphorus in all <br />stream segments that are classified for agricultural use. The third proposal would create a new <br />use classification to address effluent-dominated streams that are used as drinking water supplies. <br /> <br />Over 50 water user entities and/or wastewater dischargers have sought party status for the <br />upcoming hearing. Of this number, a dozen water user entities have raised concerns with respect <br />to potential impacts on the exercise of water rights, The common theme among those expressing <br />concern about water rights impacts is the concern that the WQCC's proceedings could produce <br />results that may interfere with, or prevent the exercise of vested water rights, including operation <br />of augmentation plans, exchanges, and water storage facilities. <br /> <br />Only the New Consolidated Lower Boulder Reservoir and Ditch Company and New Coal <br />Ridge Ditch Company have endorsed FRICO's and Thornton's proposals, and the City of <br />Westminster partially supports FRICO's proposal. <br />