BOARD02205

• Board Meeting Date: 3/10/1971
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

cease and desist order and go directly to the
courts.

I

One of the things that might interest you
is that we have been getting in the last six
months, you probably read about it in the
paper also, a number of new federal laws, old
laws and new regulations, etc. In each case
they are asking that the state be the one to
carry out the leg work for them. One that
has probably gotten the most play in the
papers is the 1899 Refuse Act. This act was
originally designed to protect shipping in
navigable waters. However, it does say
'navigable waters and tributaries thereof'.
At a meeting I attended last October, there
was a speaker there from the Department of
Justice. I asked him what he considered
navigable water. He said 'Well, if it will
float a canoe or a log, I feel that is
navigable water'. He also said, 'It also
says tributaries thereof, so it could be
anything'. Our attorney who is assigned to
us from the Attorney General's office attended
another meeting and he got about the same
story. So it looks as though it does cover
all the streams in Colorado, that is, most of
the streams I would say.

I

In this law there are two permits that
are required. If you have a structure in the
stream you are required to get a permit from
the Corps of Engineers. A structure, again
at the meeting in Portland that I attended,
the attorney there pointed out that if you
have a discharge pipe that protrudes out into
the stream then you have to get a structure
permit in addition to a discharge permit.
The second part is the discharge permit.
This applies only to industrial waste. It
excludes any domestic waste or storm drainage.

I was talking to Colonel Lovejoy in
Colorado Springs just yesterday morning about
this subject. We have been waiting for appli-
cation forms that they are supposed to have.