BOARD01778

• Board Meeting Date: 11/20/2000
• Description: Directors' Reports
• Board Meetings - Doc Type: Memo

.~
~~

,-
'.,
',:
~

',U

h'

to substitute water supply plans, augmentation plans, and exchanges, the substituted water should be of a quality
and quantity historically used by the senior appropriator. Under our current practice, the DWR allows the
exchange and/or substitution of treated wastewater effluent for out-of-priority diversion if the respective a
wastewater treatment facility has a valid Colorado discharge permit and there is no inj~ry to senior water right.
Based on our review of the proposed revisions as well as the pre-hearing and rebuttal statements, we concluded
that the proposed revisions did not directly impact water rights.

We also acknowledged that if the WQCC adopted the proposed revisions, there might be increased costs
associated with meeting the standards and these costs might impact the discharge and reuse of reclaimed
wastewater and return flows (including transmountain return flows) because of the need for additional treatment
and/or dilution. As a result, the added costs might impact the ability of water users to maxirnize the beneficial
uses of water, but by themselves, the proposed revisions would not prevent the exercise of water rights or water
development.

With respect to need to implement additional treatment or dilution by dischargers, we cited Section 25-
8-104, C.R.S., which recognizes that a discharger may choose consumptive types of treatment techniques in
order to meet water quality requirements. If, as a result of complying with the new standards, the discharger's
consumptive use increases and its return flows decrease, then the respective entity rnay either choose to limit its
diversion or provide adequate replacement water to prevent injury to other water rights. However, the choice to
use consumptive types of treatment techniques is not considered injurious to that dishcarger's own water right.

Finally, we declined to comment to the concern raised by some parties that the proposed revisions might
lead to potential imposition of standards for irrigation runoff, because we did not believe that potential
restriction of non-point source discharges was a direct result of this proceeding.

Water Quality Water Quantity Integration Meeting: On Oct. 24, Bahman Hatarni and I participated
in the regular meeting between the State Engineer, the Director of the CWCB, the Director of the WQCD, tiA
Administrator of the WQCC, the DOW management, and DOA management, as well as members of the c-WW
and WQCC. Per HB92-1200 Report recommendation, this group generally meets three times a year for the
purpose of improving integration of water quality control and water quantity considerations. Typically, we
discuss emerging patterns in the SB89-181 "consultation process" and other long-range concerns relative to
water quality regulation, administration of water rights and water development opportunities,

The highlight of the meeting was to plan for a joint workshop involving the members of the Water
Quality Control Commission, Water Conservation Board, Agriculture Commission, Wildlife Commission, and
Ground Water Commission. As previously reported, the workshop is scheduled for January 24, 2000 from 10 to
4:15 at the Renaissance Hotel near Stapleton. We will ask Mike Preston to serve as the facilitator for this
workshop.

Prior to the workshop, each of the five agencies will prepare an informational background paper and will
be circulated to the members of the other agencies. Each paper would summarize the agency's authorities and
responsibilities, and provide examples of their application. In addition, each paper would briefly identify
current challenges and issues faced by the agency related to the workshop topics. We will mail the papers to
Board and Commission members by January 10, 2001.

The principal goals of the workshop is: (1) To provide a better understanding among Board and
Commission members and staff of the principal roles and responsibilities of the respective agencies; and (2) To
improve opportunities for coordination and cooperation among the agencies. The purpose of the workshop
would not be to use this meeting to resolve any of the major crosscutting issues addressed.

We have selected three topics for the workshop. These include new challenges in stream manage~
growth-related water issues, and interagency cooperation. A copy of the draft agenda is attached. -

8

...